Stewart v. Commonwealth
Court of Appeals of Kentucky
Case 63—EQUITY— APPEAL PROM HARDIN CIRCUIT COURT.- 1. Subrogation. Am. & Eng. Enc. of L., title “Subrogation,” pp. 190, 191, 192 and 197; Harris, Law of Subrogation, general definition, sec. 6; as to sureties, sec. 173; effect of fraud on right, sec. 813. Sheldon on Subrogation, 2d Ed., generally as a mode of equitable relief, sec. 4, general doctrine sec. 11; the party seeking must not be in his own wrong and must come with clean hands, sec. 44; surety’s right of…
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Case 63—EQUITY— APPEAL PROM HARDIN CIRCUIT COURT.- 1. Subrogation. Am. & Eng. Enc. of L., title “Subrogation,” pp. 190, 191, 192 and 197; Harris, Law of Subrogation, general definition, sec. 6; as to sureties, sec. 173; effect of fraud on right, sec. 813. Sheldon on Subrogation, 2d Ed., generally as a mode of equitable relief, sec. 4, general doctrine sec. 11; the party seeking must not be in his own wrong and must come with clean hands, sec. 44; surety’s right of subrogation discussed, sec. 86, surety’s right confined to the contract for which he is surety, sec. 113. Eaton v. Hasty, 6 Neb.,…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the coubt.
Whilst Charles Moore was deputy of C. M. Fraize, clerk of the Hardin' Circuit Court,, he issued a large number of fraudulent witness certificates, which purported to be for the attendance of witnesses in Commonwealth cases, which had been pending in the court, but were then off of the docket. The persons named in the certificates seem not to have been fictitious, but in actual existence. Moore sold certificates amounting to something over $1,700 to the appellant, Stewart, who collected them from the" Commonwealth. W. H. Marriott, etc., were…
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