Faris v. Kirtley

This is a qui tam action by the loser, for his own benefit and that of Rockcastle county, against the person who took possession of, and used, property lost on a horse race; and the question to be considered by this Court, is whether the Circuit Judge erred in directing the jury to find for the defendant.

As the statute of 1833, (1 Stat. Law. 758,) giving to the loser of money or property on “ any game, hazard or sport," a right to sue for and recover it back, in his own name and for his own use alone, at any time within five years after the losing, and an exclusive right to do so within the'…