Johnson v. Collier
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon John H. Disque. Action by B. T. Collier against T. L. Johnson and the sheriff and his official bond, in trespass for selling exempt property. From a judgment for plaintiff, defendants appeal. The facts in the case are that T. L. Johnson, who has since died, recovered of B. T. Collier a sum of money lost on a wager, under a complaint for money had and received and a special’count for money received on a bet or wager.
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Appeal from Gadsden City Court. Heard before Hon John H. Disque. Action by B. T. Collier against T. L. Johnson and the sheriff and his official bond, in trespass for selling exempt property. From a judgment for plaintiff, defendants appeal. The facts in the case are that T. L. Johnson, who has since died, recovered of B. T. Collier a sum of money lost on a wager, under a complaint for money had and received and a special’count for money received on a bet or wager. Under this judgment, and at the procurement of the plaintiff, execution was issued against Collier and by the sheriff levied upon…
1DissentMcCLELLAN, J.
The liability of the defendant in this action is controlled by the inquiry whether the winner of a wager may claim his exemption against the enforcement of the recovery thereof by the loser. In my opinion the policy of our statute denies the right. That policy is thus aptly stated by Denson, J., in Motlow v. Johnson, 145 Ala. 376, 39 South. 711. “The object of the statute avoiding gaming contracts is, besides placing the seal of the law’s condemnation on such contracts, to put the parties in statu quo as to all money won or lost.” This policy is emphasized by the provision that the recovery…
2Cases cited2 opinions
- Crawford v. SlatonSupreme Court of Alabama · 1901
- Motlow v. JohnsonSupreme Court of Alabama · 1905