Poague v. Culver

*132.Opinion op the Court,

by Judge Owsley.

THIS writ of error is prosecuted to reverse a judgment recovered against Poague, as sheriff of Greenup on the motion of Culver, as paymaster of the 70th regiment of the Kentucky militia,

The motion was made at the December county court, ig21, for the purpose of recovering the amount of militia fines placed in the hands of William Ward for collection, the 6th of May, .1820. On the trial in that court, the receipt of William Ward, who signed his thereto as deputy sheriff, for John Poague, sheriff of Greenup county, was produced in evidence ; but *133there was no…