Legal Opinion

Commonwealth v. Williams

Court of Appeals of Kentucky

Decided September 22, 1898PublishedCited by 1 opinion

Case 38 — ACTION ON FORFEITED PEACE BOND APPEAL PROM MONROE CIRCUIT COURT. In an action to recover the penalty of a peace bond a judicial conviction is not a condition precedent to a recovery. To so hold would defeat, in some instances, the purpose of the bond. Crim. Code, secs. 384, 391, 262, 263, 264; Rankin v. Com., 9 Bush, 553. To the same point, Crim. Code, sec. 391-2; Rankin v. Com., 9 Bush, 553; Am. & Eng.

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Case 38 — ACTION ON FORFEITED PEACE BOND APPEAL PROM MONROE CIRCUIT COURT. In an action to recover the penalty of a peace bond a judicial conviction is not a condition precedent to a recovery. To so hold would defeat, in some instances, the purpose of the bond. Crim. Code, secs. 384, 391, 262, 263, 264; Rankin v. Com., 9 Bush, 553. To the same point, Crim. Code, sec. 391-2; Rankin v. Com., 9 Bush, 553; Am. & Eng. Enc. of Law, vol. 3, p. 723. Section 391, subsections 2 and 3, constitutes a part of the recognizance, and no recovery can be had without alleging a judicial conviction. Com. v.…

1Opinion of the Court

JUDGE BURNAM

delivered the opinion of the court.

This is an appeal from a judgment sustaining a demurrer to a petition instituted in the name of the Commonwealth, seeking to recover the penalty upon a recognizance to keep the peace, taken under section 393 of the Criminal Code. The petition does not allege a judicial conviction of the principal in the recognizance of any offense involving a breach of the peace, or of a felony, within the time specified in the bond. It is alleged that after the execution of the bond, and within'the time specified therein, the principal committed a breach of the…

2Cited by1 opinion

  1. Keifner v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927

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