Legal Opinion

McCarty v. State ex rel. Boone

Indiana Supreme Court

Decided February 24, 1904No. 20,255PublishedCited by 11 opinions

From Grant Superior .Court; R. T. St. John, Special Judge. Action by the State, on the relation of Rosella Boone and others, against James M. McCarty and others. From a judgment for plaintiff, defendants appealed. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtGillett, C. J.

Action on a saloon keeper’s bond to recover under the statute for loss of support by the death of one John R. Boone, caused by the unlawful sale of intoxicating liquor to him. The suit was brought on the relation of the widow and children of said decedent. The issue was formed by a general denial addressed to the complaint. A trial resulted in a verdict and judgment in favor of appellee. Appellants unsuccessfully moved for a new trial, and the refusal to grant such motion has been made the basis of this appeal.

It is urged that there was no evidence showing an unlawful sale of intoxicating…

2Cases cited2 opinions

  1. Homire v. HalfmanIndiana Supreme Court · 1901
  2. Carver v. ForryIndiana Supreme Court · 1902

3Cited by11 opinions

  1. Chicago, Indianapolis & Louisville Railway Co. v. PritchardIndiana Supreme Court · 1906
  2. State ex rel. Brough v. TerheideIndiana Supreme Court · 1906
  3. Sworski v. ColemanSupreme Court of Minnesota · 1940
  4. Dixon v. StateMississippi Supreme Court · 1913
  5. American Surety Co. v. State ex rel. SouersIndiana Court of Appeals · 1912

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