Legal Opinion

Schwearman v. Commonwealth

Court of Appeals of Kentucky

Decided April 4, 1896PublishedCited by 8 opinions

Cask 51--PETITION ORDINARY. TRANSFERRED TO EQUITY. APPEAL PROM FRANKLIN CIKCUIT COURT. 1. The county court alone had the power to grant the license under the provisions of the statute, and the- license not having been granted by the county court, there was no tax due the State. (Commonwealth v. Wilson, 7 Rep., 666.) 2. The seven year statute of limitation in favor of sureties applies to this case.

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Cask 51--PETITION ORDINARY. TRANSFERRED TO EQUITY. APPEAL PROM FRANKLIN CIKCUIT COURT. 1. The county court alone had the power to grant the license under the provisions of the statute, and the- license not having been granted by the county court, there was no tax due the State. (Commonwealth v. Wilson, 7 Rep., 666.) 2. The seven year statute of limitation in favor of sureties applies to this case. (Commonwealth v. Gardner, 17 Rep., 75.) 3. This is not an action for relief from fraud or mistake, and the sections of the statute relative to such actions have no application. 1. The presumption is…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

August 29, 1882, Thomas Jones, clerk of the Campbell County Court, and his -sureties, Frank Schwearman and others, executed a bond to the Commonwealth of Kentucky, covenanting he would faithfully discharge all the duties of said office and pay over in due time to the proper persons any money received by him as clerk.

July 29, 1893, the Commonwealth instituted this action against Jones and his sureties, Katherine Schwearman, widow and sole devisee of Frank Schwearman, then deceased, being also made a defendant. In the petition it is alleged that…

2Cited by8 opinions

  1. Harris v. BlackSupreme Court of Georgia · 1915
  2. Arnold v. Board of County Com'rsSupreme Court of Oklahoma · 1926
  3. Commonwealth v. PetriCourt of Appeals of Kentucky · 1906
  4. McGovern v. RectanusCourt of Appeals of Kentucky · 1907
  5. Commonwealth, Natural Resources & Environmental Protection Cabinet v. Kentucky Insurance Guaranty Ass'nCourt of Appeals of Kentucky · 1997

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