Alexander B. Shankland, Plaintiff in Error v. the Mayor

This is a writ of error to the circuit court of the district of Columbia, sitting in the county of Washington. The original action was brought by the plaintiff in error, to recover the amount of one half of the prize of twenty-five thousand dollars, which was drawn in a lottery authorized by the corporation of Washington, by ticket No. 5591, of which the plaintiff asserted himself to be the owner and possessor in the manner hereafter stated. The declaration was for money had and received; and it was agreed by the parties to state a case, and if upon the case so stated, the court should be of opinion that the corporation were liable to the plaintiff for the half of the prize sued for, judgment should be rendered upon the declaration for the amount due him accordingly. It was further agreed that the question of the admissibility, competency, and sufficiency of the evidence to maintain the action, should be submitted to the court: and that in considering the evidence, the court should draw from it, so far as it was admissible and competent, every inference of fact and law which it would have been competent for a jury to have drawn from it. Upon this case the circuit court gave judgment for the corporation, and the present writ of error is brought to review that judgment. The lottery was the same which was brought before this court for consideration in the case of Clark vs. The Corporation of Washington, 12 Wheat. 40; and the leading facts being the same, it is unnecessary to do more than advert to those facts which are peculiar to this case, and furnish the ground of argument to distinguish it from the former.