
    JAMES S. GARDNER, defendant below, appellant vs. WILLIAM D. NOLEN, plaintiff below, respondent.
    An election wager cannot be recovered though laid after the closing of the polls.
    This was an appeal from the judgment of a justice of the peace.
    
      J. A. Bayard, for appellant.
    
      Gilpin, for respondent.
   The action below was on a wager on the result of the general election in New Castle county, and the bet was made on the election day, after the polls were closed, but before the votes were canvassed.

The only question was, whether such a wager could be recovered in a court of justice. The court decided that the matter was within the policy prohibiting betting on elections; and that the case was within the principle of Porter vs. Sawyer, 1 Harr. Rep. 517.

Judgment for defendant below.  