Kenton County v. Lowe
Court of Appeals of Kentucky
Case 69 — PETITION ORDINARY — APPEAL FROM KENTON CIRCUIT COURT. 1. The petition as amended states a cause of action. (Gen. Stats., chap. 27, art. 3, sec. 9; Owens v. Ballard County' Court, 8 Bush, 618.) The cases of Anderson v. Thompson, 10 Bush, and Elliott County v. Kitchen, are not in point. 2. This action is upon, the bond, and not upon the statute, and, therefore, the five-year limitation statute does not apply.
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Case 69 — PETITION ORDINARY — APPEAL FROM KENTON CIRCUIT COURT. 1. The petition as amended states a cause of action. (Gen. Stats., chap. 27, art. 3, sec. 9; Owens v. Ballard County' Court, 8 Bush, 618.) The cases of Anderson v. Thompson, 10 Bush, and Elliott County v. Kitchen, are not in point. 2. This action is upon, the bond, and not upon the statute, and, therefore, the five-year limitation statute does not apply. But even applying that statute, the action is not barred, as no cguse of action arises in favor of the county until it pays the claims of the county creditors. (Owens v. Ballard…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Lowe, sheriff of Kenton county, duly executed the bond required by section 3, chapter 100, General Statutes, in which he and his sureties covenanted, he, by himself and deputies, would well and truly discharge all the duties of said office, and pay over to such persons, and at such times as they may respectively be entitled to the same, all money that might come to his or their hands as sheriff. He did not, however, execute any bond for collection of the county levy for that year, 1878, as required by section 4, article 2, chapter 27. Nor was a…
2Cases cited2 opinions
- Anderson v. ThompsonCourt of Appeals of Kentucky · 1873
- Royse v. ReynoldsCourt of Appeals of Kentucky · 1874
3Cited by5 opinions
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- Fidelity & Casualty Co. of New York v. Breathitt CountyCourt of Appeals of Kentucky (pre-1976) · 1938
- County of Lenawee v. NuttenMichigan Supreme Court · 1926