Pence's Administrator v. Nelson County
Court of Appeals of Kentucky
Case 14 — SHERIFF’S SETTLEMENT APPEAL FROM NELSON CIRCUIT COURT. 1. There was no legal order to pay the funds over to any one, and no one authorized to receive same. Hence there was no right to a penalty against -the sheriff. 2. The sheriff was entitled to have his commission estimated separately on the court-house fund. Citations: Ky. Stats., secs. 4146, 4147, 1874, 1876, ,988, 932, 4148, 1884, 1880, 1877; Geni.
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Case 14 — SHERIFF’S SETTLEMENT APPEAL FROM NELSON CIRCUIT COURT. 1. There was no legal order to pay the funds over to any one, and no one authorized to receive same. Hence there was no right to a penalty against -the sheriff. 2. The sheriff was entitled to have his commission estimated separately on the court-house fund. Citations: Ky. Stats., secs. 4146, 4147, 1874, 1876, ,988, 932, 4148, 1884, 1880, 1877; Geni. Stats., ch. 27, art. 3, sec. 9; Owens v. Ballard County Court, 8 Bush, 613; 12 Ky. Law Rep., 795. 1. It was the duty of Pence to pay the funds in his hands to J. W. Muir who was de…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe ti-ie court.
The late A. D. Pence was sheriff of Nelson county, and the fiscal court of the county made a levy for the purpose of erecting' a court house, and the fund .was collected by him as sheriff of the county, with the other revenues of the county.
Two questions are involved on this appeal:(1) What commission was Pence entitled to for collecting the court-house fund?(2) Was he liable for the penalty of 6 per centum upon such part of that fund which remained in his hands on the 1st day of January, etc.?
On the first proposition it is contended that the…
2Cases cited1 opinion
- Pendleton County v. McMillanCourt of Appeals of Kentucky · 1898
3Cited by8 opinions
- D & W AUTO SUPPLY v. Department of RevenueKentucky Supreme Court · 1980
- Green County v. HowardCourt of Appeals of Kentucky · 1907
- Hall v. Ballard CountyCourt of Appeals of Kentucky · 1910
- Locke v. CommonwealthCourt of Appeals of Kentucky · 1902
- Breckinridge County v. GannawayCourt of Appeals of Kentucky (pre-1976) · 1932
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