Commonwealth v. Tilton
Court of Appeals of Kentucky
Case 38 — Action on Official Bond of County Judge foe Taking Insufficient Surety on Sheriff’s County Levy Bond APPEAL FROM ROBERTSON CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. 1. This suit is on official bond and the fifteen years limitation applies. Sec. 2514 Ky. Stats.; Royce v. Reynolds, 10 Bush, 286. 2. County judge’s act, in taking sheriff’s bond, is ministerial.
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Case 38 — Action on Official Bond of County Judge foe Taking Insufficient Surety on Sheriff’s County Levy Bond APPEAL FROM ROBERTSON CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. 1. This suit is on official bond and the fifteen years limitation applies. Sec. 2514 Ky. Stats.; Royce v. Reynolds, 10 Bush, 286. 2. County judge’s act, in taking sheriff’s bond, is ministerial. Anderson’s Law Diet, “Judicial Act,” 578; Anderson’s Law Diet., “Ministerial Act,” 677; Throop on Public Officers, 538, 726; State v. Lafayette Co., 41 .Mo., 221; Applegate v. Applegate, 4 Met., 236; Am. &…
1Opinion of the Court
Opinion of this court by
JUDGE BURNAM
Affirming.
George L. Linville, as sheriff of Robertson county, defaulted in the payment of the county levy for the year 1890, in the sum of $3,600, and suit was instituted against him and his securities upon his county-levy bond to recover this sum. Peter Linville, whose name was subscribed as one of the securities upon this bond, successfully defended the suit upon the ground that his name had been signed on the bond as surety by another for him, by his verbal authority, and it was held that none of the securities were bound on the obligation. Wilson v.…
2Cases cited5 opinions
- Hollon v. LillyCourt of Appeals of Kentucky · 1897
- Daniels v. VertreesCourt of Appeals of Kentucky · 1869
- Commonwealth v. Netherland's Adm'rCourt of Appeals of Kentucky · 1888
- Wilson v. LinvilleCourt of Appeals of Kentucky · 1894
- Kimball v. ThurmanCourt of Appeals of Kentucky · 1896
3Cited by8 opinions
- Louisville Home Telephone Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- Shipp Ex Rel. Fayette County v. RodesCourt of Appeals of Kentucky (pre-1976) · 1927
- Louisville Car Wheel & Railway Supply Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1912
- Roberts v. Fiscal Court of McLean CountyCourt of Appeals of Kentucky (pre-1976) · 1932
- Britton v. CommonwealthCourt of Appeals of Kentucky · 1906
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