GARDNER v. GRUBB, 9 Del. 448 (1872)

GEORGE GARDNER v. JAMES GRUBB.

Superior Court of Delaware.
Fall Sessions, 1872.

CERTIORARI. The record was — action of assumpsit for money had and received for a bet. Amount demanded 825. And the exception was that it did not sufficiently state and disclose the cause of action, but stated as it was, it was not within the jurisdiction of a justice of the pence.

By the Court. The record imports that the action was for the money won upon the bet, and whether against the stake-holder or the other party to the wager, the judgment must be reversed.

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