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eBook details

• Title: Moses v. the Mayor
• Author : United States Supreme Court
• Release Date : January 01, 1872
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

ON motion of Mr. P. Phillips, to dismiss for want of juris diction; the case being thus: Moses and another had filed their bill in a State court of Alabama, asserting that a law of that State authorized them, on payment of a certain sum, to establish a lottery; that they had paid the sum and established a lottery accordingly. They now complained that they had been several times arrested by the mayor's police, charged with gambling, and had been thus obstructed in the pursuit of their business. The bill then prayed an injunction to restrain the mayor, &c., from interfering in their 'carrying on the scheme of the roulette table and ball, or in the use of the scheme of the revolving oblong box and balls on the principle of the game called keno,' &c., &c. The chancellor granted the injunction as prayed for. The answer of the mayor denied among other things that the complainants had fulfilled the conditions of the act under which they claimed the right of lottery, and asserted that under pretext of its authority they were carrying on a corrupting system of gambling, which it was admitted the mayor was determined to put down. It insisted that after a default of payment as required by the act, while it was still due and before it was paid, the legislature repealed the said act under which the complainants claimed this right to carry on the lottery or 'system of gambling' described in the bill; and further, that the mode used in conducting this business was unauthorized by the act.

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