Prior v. Lucas

Judge Owsley

delivered the opinion of the court.

The first question proper to be decided in this caSe, involves the propriety of bringing an action of debt to ver property lost at games ot cards.

Testing this question bv the act of 1798 (1 Lit. 104,) only, there could be no possible difficulty in sustaining the action; and although by the act of 1799 (1 Lit. 284) the property betted is declared to be forfeited, and allowed to be recovered for the use of the county and the person only, as there is a cleat repugnance between such a recové-ry, and that given exclusively to the person suing by the…