Commonwealth ex rel. Nicholas County v. Stone
Court of Appeals of Kentucky
Case 55 — Action by Commonwealth for Use of Nicholas County v. S. F. Stone and Others, Sureties on the Official Bond of the Sheriff to Recover Money Collected Under a Void Levy. — Jan. 18. APPEAL FROM NICHOLAS CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. POINTS AND AUTHORITIES. The sureties on the bond sued on are liable for the wrong committed by both the sheriff and his deputy for the wrongful collection of money under tax process.
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Case 55 — Action by Commonwealth for Use of Nicholas County v. S. F. Stone and Others, Sureties on the Official Bond of the Sheriff to Recover Money Collected Under a Void Levy. — Jan. 18. APPEAL FROM NICHOLAS CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. POINTS AND AUTHORITIES. The sureties on the bond sued on are liable for the wrong committed by both the sheriff and his deputy for the wrongful collection of money under tax process. Kentucky Statutes, sec. 4141; Johnson, &c. v. Williams’ Admr., 23 Ky. Law Rep., 658; Munfree on Sheriffs, sec. 60; State v. Shaeklett, 5 Am. Law…
1Opinion of the Court
Opinion of the court bt
CHIEF JUSTICE BURNAM
— Affirming.
The fiscal court of Nicholas county in 1897 leved a tax of 59 cents on the $100 for county purposes — 9 cents in excess of the constitutional limit; and the sheriff of the county, ■S. A. Ratcliff, collected about $3,200 under this void levy, and this suit was instituted against the surd les *514upon Ms general official bond to recover the amount so collected. The only difference between this case and the case of Whaley v. Com. (110 Ky., 154) (23 R., 1292) (61 S. W., 35), is that that suit was on the revenue bond required by section 4133 of…
2Cases cited4 opinions
- Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
- Pulaski County v. WatsonCourt of Appeals of Kentucky · 1899
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1899
- Adair v. Hancock Deposit BankCourt of Appeals of Kentucky · 1899
3Cited by8 opinions
- Fiscal Court Owen Co. v. F. & A. Cox Co.Court of Appeals of Kentucky · 1909
- Commonwealth v. BrandCourt of Appeals of Kentucky · 1915
- Commonwealth ex rel. Devoe v. BaskeCourt of Appeals of Kentucky · 1907
- Marion County v. Rives & McChordCourt of Appeals of Kentucky · 1909
- U. S. Fidelity & Guaranty Co. v. Board of Education of Somerset Pub. Grad. SchoolCourt of Appeals of Kentucky · 1904
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