Legal Opinion

State ex rel. Kelly v. Morgan

Indiana Supreme Court

Decided April 28, 1903No. 19,888Published

From Greene Circuit Court; O. B. Harris, Judge. Mandamus by the State on the relation of Matthew Kelly against John D. Morgan, sheriff, to compel defendant to set apart to him as exempt from sale on execution certain personal property. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtMonks, J.

Under the provisions of §§6675-6680 Bums 1901, §§4950-4955 R. S. 1881 and Horner 1901, the State of Indiana recovered a judgment for $9,000, and costs of suit against Dallas Tyler and the relator Matthew Kelly, for the benefit of the wife of Richard O. Davis, for money lost by said Davis to said Tyler and Kelly by betting on certain games. Said action was brought and judgment recovered in the name of the State, for the benefit of the wife of the loser in said games, by virtue of §6678, supra. An execution was issued on said judgment to appellee, as sheriff of Daviess county, and this action…

2Cases cited9 opinions

  1. Meech v. . StonerNew York Court of Appeals · 1859
  2. Ross v. BantaIndiana Supreme Court · 1893
  3. Ervin v. State ex rel. WalleyIndiana Supreme Court · 1897
  4. Russell v. ClearyIndiana Supreme Court · 1886
  5. Woodcock v. McQueenIndiana Supreme Court · 1858

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