Commonwealth v. Wells
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crreene county■: Of October and November Term 1885, No. 110. ■This was an action by the Commonwealth for the use of the directers of the poor against William Wells to recover the sum of $200, the amount of a bet between John H. Rinehart and Peter Cole, on the result of a primary election in Greene county held May 27th, 1882, placed in the hands of the defendant as stakeholder. Plea, nil debet.
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Error to the Court of Common Pleas of Crreene county■: Of October and November Term 1885, No. 110. ■This was an action by the Commonwealth for the use of the directers of the poor against William Wells to recover the sum of $200, the amount of a bet between John H. Rinehart and Peter Cole, on the result of a primary election in Greene county held May 27th, 1882, placed in the hands of the defendant as stakeholder. Plea, nil debet. On the trial, before Inghkam, P. J., the following facts appeared: It has been customary for many years for the members of the Democratic party in Greene county to…
1Opinion of the Court
Mr. Justice' Trtxnkey
delivered the opinion of the court October 19th, 1885.
Rinehart and Cole made a bet or wager on the result of the primary election to be held on May 27th,’ 1882, in the county of Greene, respecting the nomination of Matthias Brant for the office of state senator, and deposited the'money so bet in the hands of William Wells. This action is brought against the stakeholder to recover the amount of the bet for the use of the poor of the county. If the plaintiff has a right to recover, it is purely statutory. Therefore the inquiry is whether the Gase is within the Statutes…
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