McFarland v. Burton
Court of Appeals of Kentucky
Case 47 — PETITION ORDINARY APPEAR from daveiss circuit court. 1. The direction to the clerk to issue execution was not sufficiently definite to make him liable. .2. The jury having found that the clerk was not negligent, the action failed. While it is the duty of the clerk to keep safely and securely the records of his office, his liability stops when he has exercised the proper degree of care.
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Case 47 — PETITION ORDINARY APPEAR from daveiss circuit court. 1. The direction to the clerk to issue execution was not sufficiently definite to make him liable. .2. The jury having found that the clerk was not negligent, the action failed. While it is the duty of the clerk to keep safely and securely the records of his office, his liability stops when he has exercised the proper degree of care. He is liable only for loss resulting from his negligence. 2. The clerk being unable to tax the cost, it was not his duty to issue execution for the debt and interest, omitting the cost. Such an…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion of the court.
In this case there was a trial by jury, and the preliminary question raised by the appellee is, that what purports to be a bill of exceptions can not be considered. Section 834 of Carroll’s Code provides: “And time may be given to prepare a bill of exceptions, but not beyond a day in the succeeding term to be-fixed by the court.” By an amendment of May 12, 1886, that section is amended so as to read as follows: “If the judge of said court, for any cause, does not preside at the said term of the court, or no court *297is held, then the party offering…
2Cases cited1 opinion
- Hayden v. Ortkeiss' Adm'rCourt of Appeals of Kentucky · 1885
3Cited by4 opinions
- Sandy Valley & Elkhorn Railway Co. v. MooreCourt of Appeals of Kentucky · 1917
- Clover Farm Dairy Company v. GillumCourt of Appeals of Kentucky (pre-1976) · 1927
- Dark Tobacco Growers' Co-Operative Ass'n v. GarthCourt of Appeals of Kentucky (pre-1976) · 1927
- City of Ludlow v. DeVinneyCourt of Appeals of Kentucky · 1919