Alford v. Burke
Supreme Court of Georgia
Certiorari, in Richmond Superior Court. Decision by Judge Holt, October adjourned Term, 1856. This was an action brought by John Burke against James H. Alford, in the City Court of Augusta, for the recovery of $500, placed in his hands as stakeholder.
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Certiorari, in Richmond Superior Court. Decision by Judge Holt, October adjourned Term, 1856. This was an action brought by John Burke against James H. Alford, in the City Court of Augusta, for the recovery of $500, placed in his hands as stakeholder. The plaintiff, upon the trial, proved that he and another person, whose name is not disclosed by the record or evidence, made a bet of $500 on a dog fight, and each deposited that sum in the hands of James H. Alford as a stakeholder; that the fight never took place, plaintiff's dog having died before the day appointed for the fight; that notice…
1Opinion of the Court
By the Court,
McDonald, J.
delivering the opinion.
The action in this case is brought under the act of the Legislature to simplify and curtail pleadings at law. The bill of particulars shows that it was instituted to recover five hundred dollars, paid into the hands of the defendant, as stakeholder, upon a bet on a dog fight which did not take place. The defendant pleads:
1st. The general issue.
2d. That the contract is illegal and void.
3d. That, by the terms of the deposit with defendant (if made at all,) the said sum of money belongs to another and different person.
The Judge of the City Court…
2Cases cited1 opinion
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