Moore v. Settle
Court of Appeals of Kentucky
Case 30 — GAMING APPEAL PROM OWEN CIRCUIT COURT. 1. Appellee, as the wife of Evan Settle, the loser in the game described in the petition, has no legal capacity to sue for the recovery of the money lost by her husband at gaming.
Read the full summary
Case 30 — GAMING APPEAL PROM OWEN CIRCUIT COURT. 1. Appellee, as the wife of Evan Settle, the loser in the game described in the petition, has no legal capacity to sue for the recovery of the money lost by her husband at gaming. A married woman can not sue alone on any action other than as provided by the statute. 2. This is not an action between herself and her husband. 3. It is not an action concerning her separate property. 4. It is not an action concerning her general property in which her husband refuses to unite with her. (Gen. Stat., chapter 47. article 1. sections 2, 3 and 4; Barney…
1Opinion of the CourtChief Justice Hargis
Under the title, “Gaming,” section 4, article 1, of chapter 47, General Statutes, it is provided that “if such loser or his creditor do not sue for the money or thing lost within six months after its payment or •delivery and prosecute the suit to recovery with due diligence, any other person may sue the winner and .recover treble the amount of value of the money or thing lost if suit be so brought within five years from the delivery or payment.”
This action, based upon that section, was brought in her own name by the wife of Evan E. Settle, for money which had been won from him at cards by the…
2Cited by4 opinions
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
- Morehead's Administratrix v. BittnerCourt of Appeals of Kentucky · 1899
- Spiller v. CloseSupreme Judicial Court of Maine · 1913
- Commonwealth of Kentucky Ex Rel. J. Michael Brown, Secretary of the Governor's Executive Cabinet v. Stars Interactive Holdings (Iom) Ltd., F/K/A Amaya Group Holdings (Iom) Ltd.Kentucky Supreme Court · 2020