Legal Opinion

May v. State ex rel. Rife

Indiana Supreme Court

Decided February 5, 1904No. 20,273PublishedCited by 1 opinion

From Superior Court of Madison County; S. C. Ryan, Judge. Action by tlie State, on the relation of Lavina Rife, against Isaac E. May, clerk of tbe Madison Circuit Court. From a judgment for plaintiff, defendant appeals. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtJordan, J.

The facts agreed upon by the parties in .the lower court are substantially as follows: In March, 1899, the plaintiff below, appellee in this appeal, recovered a judgment in the Madison Superior Court' against one Alfred Clark on a contract for $400. This judgment, it appears, was made payable by instalments, and the last instalment of $100 became due on March 14, 1901, and was paid by the judgment debtor to appellant, as clerk of the Madison Circuit Court. He received this money in his official capacity as clerk, and not otherwise. On the 29th day of the same month, after the payment of the…

2Cases cited4 opinions

  1. Chapman v. HarwoodIndiana Supreme Court · 1846
  2. Hooks v. YorkIndiana Supreme Court · 1853
  3. Sibert v. HumphriesIndiana Supreme Court · 1853
  4. Winton v. State ex rel. EzraIndiana Supreme Court · 1853

3Cited by1 opinion

  1. Brown v. FarrLucas Circuit Court · 1912

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