Fidelity & Casualty Co. of New York v. Breathitt County

Opinion of the Court by

Judge Fulton

Affirming in part and reversing in part.

This is an appeal from a judgment of the Breathitt circuit court in favor of Breathitt county in a suit brought by the county against Lee Combs and his surety, the Fidelity and Casualty Company of New York, to recover taxes, interest and penalties which the county claimed Combs owed by reason of money collected during his term as sheriff and which he had failed to account for and pay over to the county.

Combs qualified as sheriff and began the discharge of his duties on the first Monday in January, 1930. The sureties on…