16 Ky. 489 | Ky. Ct. App. | 1821
Opinion of
IN this case, the plaintiff in error filed his bill, stating that at sundry times and places, he was induced to play at cards with the defendant, Quarles, until the amount won by Quarles was six hundred dollars, for which sum, Quarles afterwards drew an order in favor of the other defendant, who knew the consideration was for gaming, and he accepted and paid the order. He prays a decree for the restoration of the money. The defendants demurred, and the court sustained the demurrer and dismissed the bill, to reverse which decision, this writ of error is brought.
The plaintiff states, that the gaming was known to the defendants only, and prays a discovery. One of the grounds relied on in the court below, was, that the bill ought to have been brought in the nature of a qui lam action. It must be at once conceded, that the com
We have, however, in the researches which we have made on this subject, been unable to discover any case,
Decree affirmed.