Motlow v. Johnson
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John i-I. Disque. Thomas L. Johnson sued Motlow and another jointly for money had a,nd received lost by him on a wager to these defendants. The recovery in the lower court was joint, and the defendants appeal, and after severance assign errors severally and jointly. The facts sufficiently appear in the opinion.
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Appeal from Gadsden City Court. Heard before Hon. John i-I. Disque. Thomas L. Johnson sued Motlow and another jointly for money had a,nd received lost by him on a wager to these defendants. The recovery in the lower court was joint, and the defendants appeal, and after severance assign errors severally and jointly. The facts sufficiently appear in the opinion. The real question at issue is can Collier and Motlow, under the facts in this case be made jointly liable for the whole amount of the wager. If they are not jointly liable there is a fatal variance, and Johnson cannot recover. — Cobb v.…
1Opinion of the Court
DENSON, J.'
Thomas L. Johnson and B. T. Collier made a bet of $750 a. side on the result of the primary election held in Etowah county, April 11, 1904, to nominate candidates for state and county offices. The bet was made with reference to the result of the election as to probate judge. The money ($1,500) was placed in the hands of one Miller as stakeholder. Collier won the bet, and Miller turned the money over to him. Johnson, within the time provided by the statute (Code 1896, § 2163), *375commenced this action against B. T. Collier and Spoon Motlow to recover the money lost on said bet. There…
2Cases cited8 opinions
- Vischer v. YatesNew York Supreme Court · 1814
- Hickerson v. BensonSupreme Court of Missouri · 1834
- Tarleton v. BakerSupreme Court of Vermont · 1843
- Wheeler v. SpencerSupreme Court of Connecticut · 1842
- Foreman v. HardwickSupreme Court of Alabama · 1846
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3Cited by3 opinions
- Bryant v. StarkeySupreme Court of Alabama · 1949
- Adell v. MACON COUNTY GREYHOUND PARK, INC.District Court, M.D. Alabama · 2011
- Johnson v. CollierSupreme Court of Alabama · 1909