McGimpsey v. Booker

• Decision Date: 31 March 1833
• Citation: 13 Tenn. 139
• Parties: MCGIMPSEY AND WIFE v. BOOKER and others.
• Court: Tennessee Court of Appeals

13 Tenn. 139

MCGIMPSEY AND WIFE

v.BOOKER and others.

Supreme Court of Errors and Appeals of Tennessee.

March Term, 1833.

In the year 1824, an act of Assembly was passed authorizing the drawing of a lottery for the purpose of building a Masonic Hall in the town of Columbia; Booker, McGuire, Nelson, Grove and Dale were appointed managers. By the second section they were required, before they proceeded with the lottery, to enter into bond with security, etc. The third section says the managers shall take an oath fairly and impartially to manage the lottery, and shall, under the inspection of justices of the peace, put the numbers, etc., into the wheel, and shall appoint two clerks who shall be sworn, etc., to keep an account of the drawing of the lottery. The fourth section constitutes a majority a quorum, and gives them general powers about the lottery.

A scheme was proposed, of which a house and lot in Columbia were the highest prize, and to that prize the last drawn number was entitled. The managers, soon after the passage of the act, took the oath prescribed by the act, and gave bond and security. In drawing the scheme now under consideration, the numbers and the blanks and prizes were regularly put in the boxes by the managers, but not under the inspection of two justices of the peace. Two clerks were appointed to keep an account of the drawing, but no oath was taken by them. The lottery was fairly drawn, and no impeachment of the honesty of any person whatever; but when the last number was drawn out of the box, it was discovered there was a blank still remaining in the prize and blank boxes, which, by subsequent investigation, is clearly shown to have been produced by not drawing out this blank to some precedent number, and could make no difference in the result. The last drawn ticket belonged to complainant. Two of the managers were there all the time, and one was absent from time to time. The managers said there was no drawing. The managers in their answer state all the facts, and the lottery ticket-holders insist there must be a new drawing. 1st. Because the managers were not sworn the second time. 2d. Because the clerks were not sworn. 3d. Because there was a mistake in drawing the numbers; and lastly, because all the managers were not present. The chancellor dismissed the bill and complainants appealed to this court.

F. B. Fogg, for complainants. For the complainants we say, that the act was merely directory to the managers, and when they have once taken the oath and given bond and security as required by the act, the lottery is...