Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-04-01
r COURT DECISION.
VERY IMPORTANT.


make an agreement, on pain of forfeit
ure for nou-fulflment, to deliver a GER
tain amount of goods to q certain party
a certain time, and fail, and it
appeareth that cause Of failure was the
misfortune of the party to deliver, in
that he bucked off all his money at faro;
then and therefore and because, and
that justice may have its sway, and dig-
nifty its empire, eve so, he the afore-
said unfortunate is not to be held on
his 'pain of forfeiture" but to be ac-
Quilted of the terms Of his agreement,
and let 60, and be id to they, him or
her, or any other man, who would OPP
press the defenseless.
Hence, there is a :
sYLLoGIsM.
LIST. The law does not contemplate q
mans being forced to do an impossible
ity. He or she cannot do it. In the
language of j. W. Haines, commentator:
off you can't, how a your" It is
drgunentum ad hominum. But,
I'd. To do q thing which requires
money, when you have no money, hav-
ing bucked the same off at faro, (which
this Court understands to be q game Of
chance is ian impossibility." Ergo:
The Court doth acquit the party fail
ing to comply, etc., and reverses judg-
ment.
The Judge of the District Court in
Storey county will not override this de-
%cision, without first consulting with
Tom Wells, evangelist from Butte coun-
ty who alone Of all yeomen on this
coast has a vested right to supercede
Higher Court rulings with the DEGREES
of inferior tribunals.
DIcTA.
The Court understands that there are
four or five pleading James"-so called
of Faro, in Virginia city. The Court
with perhaps the exception Of a single
member, has never witnessed this game.
It is said to be quite interesting, and is
so conducted as not to allow Of that
vulgarity Of ejaculation which Mr..
Tufly declares belongs to Rondo. In
this case, the Court thinks the remedy
should be found, under a carefully pre-
pared statute by Bro. Beatty, by action
reclamatory and E. Clampsus against
the proprietor of the fascinating game
where Richard Putty lost his dough, or
ksle seed, a. the currency might have
been;-(for this Court will not, even
iucidentslly-hold to the nomenclature
Of coming, except in the peradventure
Of its own salary
The Court below erred-speaking out
side of the absolutely necessary record
from us-in hat it did not require the
statement sent US, to be more explicit
in describing the game Faro. The
Court cannot surmise, from the state.
ment sent up, what the per centage o.
| chance is for a man to get even on the
dealer. Suppose a man took six or
seven thousand dollars in greenbacks te
such a game; has he the remotesi
| chance te enhance them into coin at pal
figures. The Court is in doubt, and the
statement eliminates not.
Let the statement in this case bt
amended, in the particular suggested
before the syllebus is prepared.
1t is evident to the Court, from wha'
is vouchsafed Of detail in the state
ment, that "checks" in the pleadings
mean something different from bank
checks. Why not thon tell the Court,
from the testimony of the witnesses
what Cheeks nS Why not?
There seems to have been latent in
the minds of the Counsel and Judge be.
low, and a belief that a member Of this
| Court could inform the Bench as to the
facts now complained Of as not fully
explained and developed. The Court is
half-a-mind to commit respondent, on
this ground, for latent libel from his
attorneys.
The Clerk will make out the papers
rsmandautur in this case, as soon as
possible.
The Sheriff will cry this Courts I'D.
journment, for tea.