White v. Gilleland
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Hon. Nat M. Shelton, Judge. (1 The filing of an amended petition or statement is an abandonment of tbe former. ' The case was tried upon the amended statement. The amended ■ statement does not state a cause of action under the gambling act.
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Appeal from Macon Circuit Court. — Hon. Nat M. Shelton, Judge. (1 The filing of an amended petition or statement is an abandonment of tbe former. ' The case was tried upon the amended statement. The amended ■ statement does not state a cause of action under the gambling act. Secs. 3430, 3431 and 3432, R. S. 1899. (2) There is a fatal variance between the allegations and proof: the charge is that it was an election bet as between Bryan and McKinley; the evidence shows a bet that Bryan would get as many votes as he got before in Missouri. (3) The action accrued, if at all, in October, 1900; the…
1Opinion of the CourtEllison, J.
— This is an action against a stakeholder to recover money bet on an election. The judgment of the trial court was for plaintiff. The facts are that on the twenty-seventh day of October, 1900, the plaintiff bet D. M. Jones $85 that Bryan would have as many votes cast for him in the State of Missouri for president at the then approaching presidential election of the year 1900, as were cast for him at the presidential election in 1896. The money was placed in the hands of defendant as stakeholder. A few days after the election, but before the vote was officially announced and before plaintiff…
2Cases cited4 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Hickerson v. BensonSupreme Court of Missouri · 1834
- Weaver v. HarlanMissouri Court of Appeals · 1892
3Cited by2 opinions
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
- Thornton v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1914