Helm v. Commonwealth
Court of Appeals of Kentucky
Case 14 — EQUITY APPEAL FROM BRECKINRIDGE CIRCUIT COURT. 1. The effect of the orders of the county court giving further time to the sheriff to pay the balance due from him to the county was to release the sureties.
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Case 14 — EQUITY APPEAL FROM BRECKINRIDGE CIRCUIT COURT. 1. The effect of the orders of the county court giving further time to the sheriff to pay the balance due from him to the county was to release the sureties. (Sneed’s ex’r v. White, 3 J. J. Mar., S25; Martin v. Taylor, 8 Bush, 384; Robinson v. Miller, 2 lb., 179; Offut v. 'Glass, 4 lb., 480; Itenningham v. Bedford, 1 B. Mon., 325.) 2. The order directing the commissioner to invest the money due in the purchase of county bonds, gave to the holders of these bonds an enforceable right to the money in McGill’s hands. (11 B. Mon., 147.) J.…
1Opinion of the CourtChief Justice Copee
T. A. McGill was sheriff of Breckinridge county for the years 1871 and 1872, and gave bond each year for the collection of the county levy. Some of the sureties on one. bond were not on the other. Settlement of his accounts; for 1871 showed a balance in his hands of $2,407.31. This, balance was carried into his settlement for the levy of 1872. It appeared from that settlement that he had paid out, between the dates of the two settlements, a sum exceeding the balance found against him on the first settlement; but it did not appear out of what fund these payments had been made, nor whether the…
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- McDaniel v. Barnes, White & Co.Court of Appeals of Kentucky · 1868
3Cited by3 opinions
- Ratliff v. Anderson & RatliffCourt of Appeals of Kentucky · 1922
- Town of Enfield v. HamiltonSupreme Court of Connecticut · 1930
- Piles v. Livingston County CourtCourt of Appeals of Kentucky · 1880