Ison v. Commonwealth
Court of Appeals of Kentucky
Case 12 — Action Against Sureties on Official Bond of Master Commissioner — APPEAL FROM LETCHER CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. 1. The collection of the money, for which appellants were sued as sureties on the bond of Fitzpatrick, as Commissioner, was collected by Fitzpatrick, without authority from the court, and he was liable individually, and not as an official. 2. The appellants, if they did sign Fitzpatrick’s bond as Commissioner, did so…
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Case 12 — Action Against Sureties on Official Bond of Master Commissioner — APPEAL FROM LETCHER CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. 1. The collection of the money, for which appellants were sued as sureties on the bond of Fitzpatrick, as Commissioner, was collected by Fitzpatrick, without authority from the court, and he was liable individually, and not as an official. 2. The appellants, if they did sign Fitzpatrick’s bond as Commissioner, did so under contract and agreement on the part of the court and the Commonwealth, that Fitzpatrick would renew the bond annually.…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE PAYNTER
Affirming.
On February 27, 1893, J. J. Fitzpatrick was appointed master commissioner of the Letcher Circuit Court, at which time he executed a bond as commissioner in the usual form> with the appellants as sureties. . At the August term, 1895, the court required him to execute another bond, upon which George Hogg and others became sureties, each of which bonds was accepted) and approved by the court. At November term, 1895, in an action then pending in the Letcher Circuit Court, wherein R. G. Ramsey was plaintiff and M. J. Holt and others defendants,…
2Cases cited4 opinions
- Ketler v. ThompsonCourt of Appeals of Kentucky · 1877
- Ridgway v. Moody's AdministratorCourt of Appeals of Kentucky · 1891
- Rankin v. WhiteCourt of Appeals of Kentucky · 1868
- Turner v. RankinCourt of Appeals of Kentucky · 1882
3Cited by2 opinions
- United States Fidelity & Guaranty Co. v. FaulknerCourt of Appeals of Kentucky · 1911
- Fleming v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928