McElroy v. Carmichael
Texas Supreme Court
Appeal from Smith. This action was brought on a note of hand given for money won on the event of a horse-race. The note being road in evidence the judge charged that horse-racing was illegal, and that if the jury believed the note to liave been won on a horse-race they should find for the defendants. There was accordingly verdict and judgment for defendants.
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Appeal from Smith. This action was brought on a note of hand given for money won on the event of a horse-race. The note being road in evidence the judge charged that horse-racing was illegal, and that if the jury believed the note to liave been won on a horse-race they should find for the defendants. There was accordingly verdict and judgment for defendants. I. Horse-racing is not illegal in this State; and a note won upon a horse-race will be recoverable in the courts having jurisdiction thereof. (Dunvnan v. Strather, 1 Tex. It., 89, and cases there cited.) II. The act of 1848, entitled “An…
1Opinion of the Court
Hemphill, Cli. J.
In the ease of Dnnman v. Strather (1 Tex. R., 89) it was decided that wagers are not illegal merely as wagers. They are *228illegal only when they are forbidden by statute, or when they militate against morality, public policy, or decency, or tend to the injury of third persons and form an inducement to a breach of the peace. The definition was acknowledged tó be vague; but several eases were referred to as'illustrative of the particular wagers included within the scope of the definition. (Cowp. R., 279; 1 T. R., 56-60; 3 Id., 693; 2 Id., 610.)
Note SO.—Kirkland v. Randon, 8 T.,…
2Cited by6 opinions
- James v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Pierce v. RandolphTexas Supreme Court · 1854
- All Texas Racing Ass'n v. State Ex Rel. ShookCourt of Appeals of Texas · 1935
- Armstrong v. ParchmanTexas Supreme Court · 1874
- Hurt v. Oak Downs, Inc.Court of Appeals of Texas · 1935
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