McDonald v. Jenkins
Court of Appeals of Kentucky
Case 40 —MANDAMUS APPEAL EEOM EBANKLIN CIKCTJIT COUET. The discretion of an officer in deciding upon the sufficiency of a surety on a bond can not be controlled by the circuit court, by mandamus. (Arberry v. Beavers, 6 Texas, 457; s. c. 55 Am. Dec., 791; 2 Texas; 357; 3 Texas, 51 and 58; 4 Texas, 400; Hullv. Oneida, 19 Johns., 259; Ricev. Oommissioners, 13 Pick., 225; Dane v. Derby, 89 Am. Dec., 728; Ex rel.
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Case 40 —MANDAMUS APPEAL EEOM EBANKLIN CIKCTJIT COUET. The discretion of an officer in deciding upon the sufficiency of a surety on a bond can not be controlled by the circuit court, by mandamus. (Arberry v. Beavers, 6 Texas, 457; s. c. 55 Am. Dec., 791; 2 Texas; 357; 3 Texas, 51 and 58; 4 Texas, 400; Hullv. Oneida, 19 Johns., 259; Ricev. Oommissioners, 13 Pick., 225; Dane v. Derby, 89 Am. Dec., 728; Ex rel. Tucker v. Seaman, 17 How., 230; Atchison, County Judge v. Lucas, 83 Ky., 451; Haly v. Frankfort Building Asso., 4 Ky. Law Hep., 362; Carey v. Trustees of Town of Butler, 6 Ky. Law Hep.,…
1Opinion of the Court
■CHIEF JUSTICE HOLT
delivered the opinion of the court.
This petition for a mandamus was filed in the Eranklin Circuit Court to compel the appellant, McDonald, as a ■Justice of the Peace, to approve a toaverse bond in a proceeding upon a writ of forcible detainer, that had been tried before him.
The Code-of Practice provides that bond shall be given with sufficient surety, to be approved by the justice, for the costs of the proceeding and all damages caused by the traverse. It it not admitted that the surety offered was sufficient. That is now, and has been all the time, in issue.
No such abuse…
2Cases cited3 opinions
- Swan v. GrayMississippi Supreme Court · 1870
- Mobile Mutual Insurance v. ClevelandSupreme Court of Alabama · 1884
- McDuffie v. CookSupreme Court of Alabama · 1880
3Cited by5 opinions
- Gordon, Huffaker & Garnett v. MorrowCourt of Appeals of Kentucky · 1920
- Union Trust Co. v. Garnett, JudgeCourt of Appeals of Kentucky (pre-1976) · 1934
- Montenegro-Riehm Music Co. v. Board of EducationCourt of Appeals of Kentucky · 1912
- Trivette, Police Judge of Pikeville v. StrattonCourt of Appeals of Kentucky (pre-1976) · 1939
- Mud Branch Oil & Gas Co. v. HawkCourt of Appeals of Kentucky · 1962