Abbe v. Marr
California Supreme Court
Appeal from the Fifteenth District. Complaint avers that plaintiffs, being the owners of certain personal property—horses,' cows, wood, etc. and three hundred and sixty dollars in cash—were induced by defendant, McKehan, to wager the whole on a horse-race between themselves and the defendants, Williams, Marr, and Strong; that McKehan colluded with the other defendants, and induced plaintiffs to make the bet, with the agreement between them, that McKehan should ride…
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Appeal from the Fifteenth District. Complaint avers that plaintiffs, being the owners of certain personal property—horses,' cows, wood, etc. and three hundred and sixty dollars in cash—were induced by defendant, McKehan, to wager the whole on a horse-race between themselves and the defendants, Williams, Marr, and Strong; that McKehan colluded with the other defendants, and induced plaintiffs to make the bet, with the agreement between them, that McKehan should ride plaintiff’s horse, and permit him to be beaten; that the plan was carried out, and plaintiffs lost their property; that…
1Opinion of the CourtBaldwin, J.
Defendant, Williams, appeals from a judgment which was taken against him by default after publication. Waiving the very serious point made by the Appellant, that the judgment by default was irregular, for non-complianco ivith the statutory provisions, we are met by an insuperable objection to the judgment upon the face of the complaint. Judgment is taken upon all the matters in the complaint, of which, if we understand the pleading aright, is the charge against one of the defendants, of prevailing upon the plaintiff to enter into a conspiracy to cheat the other defendants in a horse-race,…
2Cited by20 opinions
- Old v. MohlerIndiana Supreme Court · 1890
- Levy v. Kansas CityCourt of Appeals for the Eighth Circuit · 1909
- Choynski v. CohenCalifornia Supreme Court · 1870
- Marshall v. LovellCourt of Appeals for the Eighth Circuit · 1927
- Davis v. MitchellCalifornia Supreme Court · 1867
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