Billington v. Commonwealth
Court of Appeals of Kentucky
Cash 82 — ORDINARY APPEAL PROM BALLARD CIRCUIT COURT. 1. By the plain terms of the statute there must be authority in writing to , authorize one to bind another as surety. (General Statutes, chapter 22, section 20.) 2. Although appellant was present when his name was signed by an attorney, yet the statute was not complied with. 3. There is no exception made by the statute in favor of the commonwealth. 1. The statute referred to applies exclusively to civil contracts.
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Cash 82 — ORDINARY APPEAL PROM BALLARD CIRCUIT COURT. 1. By the plain terms of the statute there must be authority in writing to , authorize one to bind another as surety. (General Statutes, chapter 22, section 20.) 2. Although appellant was present when his name was signed by an attorney, yet the statute was not complied with. 3. There is no exception made by the statute in favor of the commonwealth. 1. The statute referred to applies exclusively to civil contracts. The word surety does appear in the whole chapter upon the subject of bail. (Secs. 73, 76, 77, 85, Crim. Code.) 2. Appellant is…
1Opinion of the Court
JUDGE HINES
delivered the opinion op the court.
L. M. Billington being in custody charged with “kukluxing," was admitted to bail in the sum of $300, with appellant as surety in the bond. On failure of the accused! to appear and answer the charge, the bond was forfeited,, and to a rule to show cause why judgment should not go on the forfeiture, appellant responded that he did not sign his name to the bond; that he did not make his mark to the signature appearing thereto, and that he never authorized any one in writing to sign his name to the bond. To this response a demurrer was sustained, and…
2Cited by6 opinions
- Dawson v. LeeCourt of Appeals of Kentucky · 1884
- Meazels v. MartinCourt of Appeals of Kentucky · 1892
- Riggan v. CrainCourt of Appeals of Kentucky · 1887
- Wilson v. LinvilleCourt of Appeals of Kentucky · 1894
- Commonwealth v. RoarkCourt of Appeals of Kentucky · 1903
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