Scherm v. Short
Court of Appeals of Kentucky
Case 101 — 'Action by Mike Scherm against W. I. Short, Sheriff of Daviess County, and iSam Jones, Admr. of Jessie Garrett, Deceased, to set Aside an Execution Saxe of Land. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment Dismissing the Petition as to the Defendant, Short, AND PXAINTIFF APPEALS. 'CLASSIFICATION OF QUESTIONS. 1. The office of sheriff is ministerial, and not judicial, and when a sheriff exceeds his power, he is liable for damages, in an action' for tort.
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Case 101 — 'Action by Mike Scherm against W. I. Short, Sheriff of Daviess County, and iSam Jones, Admr. of Jessie Garrett, Deceased, to set Aside an Execution Saxe of Land. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment Dismissing the Petition as to the Defendant, Short, AND PXAINTIFF APPEALS. 'CLASSIFICATION OF QUESTIONS. 1. The office of sheriff is ministerial, and not judicial, and when a sheriff exceeds his power, he is liable for damages, in an action' for tort. Bouvier’s Dictionary; Sedgwick on Damages, vol. 2, secs. 543, 544; Herman on. Executions, p. 146; 8 B. Monroe, 109; 3 A. K.…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE BURNAM
— Affirming.
The ¡appellant, Mike Scherm, brought this suit in the Daviess circuit court against the appellee, Sam- Jones, as administrator of Jessie Garrett, deceased, and W. I. Short, sheriff of Daviess county, to set aside and vacate a sale of land made by the appellee Short, as sheriff of Daviess county to Jessie Garrett, to satisfy an assessment for -a drainage ditch, made pursuant to the provisions of the act of March 23, 1900, and which is recited between sections 2380 and 2417, inclusive, of the Kentucky Statutes. Appellant alleges in Ms…
2Cases cited1 opinion
- Gosnell v. City of LouisvilleCourt of Appeals of Kentucky · 1898
3Cited by1 opinion
- Scherm v. Garrett's Admr.Court of Appeals of Kentucky · 1904