Ivey v. Phifer
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. The plaintiff declared against the defendant in assumpsit^ for money had and received, &c. • The cause was tried by a jury, and the plaintiff excepted to the ruling of the court.
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Writ of Error to the Circuit Court of Lowndes. The plaintiff declared against the defendant in assumpsit^ for money had and received, &c. • The cause was tried by a jury, and the plaintiff excepted to the ruling of the court. From a bill of exceptions sealed at the instance of the plaintiff, it appears that the plaintiff had laid a wager of $250 with one ■ Yance, on the result of a horse race, and that he-had deposited that sum with the defendant as a stakeholder; that three persons were selected as judges, and the race was run; that two of the judges decided Vance was the winner. Three…
1Opinion of the CourtCollier, C. J.
The act of 1807, .declares that all promises, agreements, &c. made, signed, &c. by any person whatsoever, where the whole or any part of the consideration of such promise, agreement, &c. shall be for money or other valuable thing whatsoever, laid or betted at any horse race, &c. shall be utterly void and of no effect, to all intents and purposes whatsoever. [Clay’s Dig. 257, § 1,] In Wood v. Duncan, 9 Porter’s Rep. 227, it was decided that this statute makes void all “promises, agreements, &c.” by which parties stipulate to pay to each other, money, or other thing of value, upon the event of…
2Cited by10 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Davis v. OrmeSupreme Court of Alabama · 1860
- Willis v. HooverOregon Supreme Court · 1881
- Lewis v. BrutonSupreme Court of Alabama · 1883
- Ivey v. PhiferSupreme Court of Alabama · 1848
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