Legal Opinion

Adair v. Hancock Deposit Bank

Court of Appeals of Kentucky

Decided November 1, 1899PublishedCited by 3 opinions

Case 38 — MANDAMUS— APPEAL FROM HANCOCK CIRCUIT COURT. 1. Bdfore the writ ought to have been awarded by the oourt, the plaintiffs below should have been compelled to exhaust their remedy against the sheriff on his bond, executed under sec. 4133, Ky. Stats. Suit was commenced on this bond and dismissed before judgment. Consequently plaintiffs do not show they .have exhausted their legal remedies, and are for .that reason not entitled to a writ of mandamus. High on Ex.

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Case 38 — MANDAMUS— APPEAL FROM HANCOCK CIRCUIT COURT. 1. Bdfore the writ ought to have been awarded by the oourt, the plaintiffs below should have been compelled to exhaust their remedy against the sheriff on his bond, executed under sec. 4133, Ky. Stats. Suit was commenced on this bond and dismissed before judgment. Consequently plaintiffs do not show they .have exhausted their legal remedies, and are for .that reason not entitled to a writ of mandamus. High on Ex. Legal Rem., secs. 5, 9, 15, 16; Spelling on Ex. Relief, secs. 1369, 1370; Dane v. Berry, 89 Am. Dec., 729; Shine v. Ky., C. R.…

1Opinion of the Court

JUDGE BURNAM

delivered ti-ie opinion of the court.

This is an appeal from a judgment of the Hancock Circuit Court decreeing a mandamus against the fiscal court of that county to compel it to make a second levy of taxes, sufficient to pay claims held by appellees.

The fiscal court, at the October term, 1893, allowed claims against the county, payable out of the county levy for the year 1894, amounting to $6,273.20, which included those sued for, and at the April term thereof it made a levy of forty-five cents on each $100 of taxable property in the county, and $1.50 on each poll therein, to pay…

2Cases cited2 opinions

  1. Pulaski County v. WatsonCourt of Appeals of Kentucky · 1899
  2. Howard v. CommonwealthCourt of Appeals of Kentucky · 1899

3Cited by3 opinions

  1. Rinehart & Dennis Co. v. McArthurSupreme Court of Virginia · 1918
  2. Leslie County v. MaggardCourt of Appeals of Kentucky (pre-1976) · 1926
  3. Commonwealth ex rel. Nicholas County v. StoneCourt of Appeals of Kentucky · 1903

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