Legal Opinion

Fidelity & Deposit Co. v. Commonwealth

Court of Appeals of Kentucky

Decided October 26, 1898PublishedCited by 16 opinions

Case 74 — ACTION ON COUNTY LEVY BOND APPEAL, FROJI BRACKEN CIRCUIT COURT. 1. From an examination of the statutes in force prior to the enactment of the act of November 1892 and the decisions construing them it is apparent that under the latter act but two bonds are now required of the sheriff, (1) his official bond and (2) his revenue bond. 2. The bond sued on could not have been the .additional bond required by section 4134 Kentucky Statutes, because there is no allegation…

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Case 74 — ACTION ON COUNTY LEVY BOND APPEAL, FROJI BRACKEN CIRCUIT COURT. 1. From an examination of the statutes in force prior to the enactment of the act of November 1892 and the decisions construing them it is apparent that under the latter act but two bonds are now required of the sheriff, (1) his official bond and (2) his revenue bond. 2. The bond sued on could not have been the .additional bond required by section 4134 Kentucky Statutes, because there is no allegation of the execution of an original revenue bond. 3. It was error to sustain demurrer to answer. Sheehy was in default at…

1Opinion of the Court

JUDGE PAYNTER.

delivered the opinion oe the court.

At the November election in 1894, Thomas Sheehy was elected sheriff oí Bracken county; and on the first Monday in January, 1895, he took the oath of office and exe» cuted the bond required by law. On June 6, 1895, Sheehy* as sheriff and collector of the county levy for the yean 1895, executed a bond to faithfully perform his duties as such; and on this bond the appellant, Fidelity and Deposit Company of Maryland, was accepted as surety. It appearing that he was indebted to the county on account of his collection of the county levy for the year…

2Cases cited2 opinions

  1. Commonwealth v. TateCourt of Appeals of Kentucky · 1890
  2. Schuff v. PflanzCourt of Appeals of Kentucky · 1896

3Cited by16 opinions

  1. Cottongim v. StewartCourt of Appeals of Kentucky (pre-1976) · 1940
  2. State v. LlewellynNew Mexico Supreme Court · 1917
  3. Fidelity Deposit Co. of Maryland v. BrownCourt of Appeals of Kentucky (pre-1976) · 1929
  4. Maryland Casualty Co. v. Magoffin County Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1962
  5. Gay v. Jackson County Board of EducationCourt of Appeals of Kentucky · 1924

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