Deaver v. Bennett
Nebraska Supreme Court
Error to the district court for Harlan county. Tried below before Gaslin, J. In 1887, sec. 214, Grim. Code, was so amended as to omit the words “bet or wager.” Under the statute in its present form, therefore, horse racing is not included. It is neither a gambling device, nor a game of hazard or skill.
Read the full summary
Error to the district court for Harlan county. Tried below before Gaslin, J. In 1887, sec. 214, Grim. Code, was so amended as to omit the words “bet or wager.” Under the statute in its present form, therefore, horse racing is not included. It is neither a gambling device, nor a game of hazard or skill. (Harless v. U. S., Morris [la.], 169*; Harrison v. State, 4 Coldw. [Tenn.], 195; State v. Rorie, 23 Ark., 726; Shropshire v. Glasscock, 4 Mo., 36; State v. Hayden, 31 Id., 35; State v. Lemon, 46 Id., 375; Shelton’s Case, 8 Gratt. [Ya.], 592; Dunman v. Strother, 1 Tex., 89; McElroy v.…
1Opinion of the CourtNoe val, J.
This action was commenced in the county court of Harlan county by C. A. Bennett, the defendant in error, to recover $400 from Oscar H. Deaver, the plaintiff in error, for money deposited by Bennett with Deaver as stakeholder as a wager on a horse race. The petition filed in that court states “that plaintiff on or about the 11th day of August, 1888, made a wager with one W. J. Fitch, upon the result of a certain horse race which afterwards was to take place on the race track in the town of Orleans, and thereupon plaintiff and said Fitch each paid over to the defendant *814Oscar Deaver the sum of…
2Cases cited5 opinions
- Wilkinson v. TousleySupreme Court of Minnesota · 1871
- Wheeler v. SpencerSupreme Court of Connecticut · 1842
- Cleveland v. WolffSupreme Court of Kansas · 1871
- Hutchinson v. PrattSupreme Court of Vermont · 1829
- Riddle v. PerryNebraska Supreme Court · 1886
3Cited by4 opinions
- State ex rel. Spillman v. First BankNebraska Supreme Court · 1926
- Gehres v. AterOhio Supreme Court · 1947
- Hilton v. BaileySupreme Court of Oklahoma · 1915
- Ward v. HollidayNebraska Supreme Court · 1910