Basham v. Commonwealth
Court of Appeals of Kentucky
Case 5 — MOTION IN FISCAL COURT APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The bond on which this proceeding is based was executed January 22, 1874; the order of the county court purporting to accept and approve said bond purports to have been made at the January Term, 1874, but does not show on what day or days in January the term was held.
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Case 5 — MOTION IN FISCAL COURT APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The bond on which this proceeding is based was executed January 22, 1874; the order of the county court purporting to accept and approve said bond purports to have been made at the January Term, 1874, but does not show on what day or days in January the term was held. A sheriff’s bond is not a good statutory bond until it has been approved by the county court.' (Commonwealth v. Davis, 9 B. Mon. 128; Calloway v. Commonwealth, 4 Bush, 383.) The county court of Barren County is required to he held “on the third Monday in…
1Opinion of the CourtChief Justice Lindsay
S. S. Farris was the sheriff of Barren County on the first Monday in January, 1874. He was, by virtue of his office, the collector of the state revenue and the public dues. He failed on that day to execute the bond for the collection of such revenue and public dues, and thereby incurred a forfeiture of his office. (Section 1, article 8, chapter 92, General Statutes.)
It thereupon became the duty of the county court to ap*39point a collector of the revenue for 1874. (Sec. 2, art. 8, chap. 92, General Statutes.) That duty, however, was not performed at once, and on the 22d of January Farris…
2Cases cited2 opinions
- Hall v. CommonwealthCourt of Appeals of Kentucky · 1871
- Calloway v. CommonwealthCourt of Appeals of Kentucky · 1868
3Cited by3 opinions
- Falconer v. ShoresSupreme Court of Arkansas · 1881
- Commonwealth v. YarbroughCourt of Appeals of Kentucky · 1886
- Fidelity & Deposit Co. v. Commonwealth Ex Rel. City of JacksonCourt of Appeals of Kentucky (pre-1976) · 1934