Poston v. Southern
Court of Appeals of Kentucky
Error to the Hardin Circuit. Motion. 'Case 78. An-offieethas no right to take a forthcoming bond upon the levy of an execution endorsed ‘ino security -of any kind to he taken.” Itmay be a good .-secu•ity to Himself, but not as a statutory'bond.
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Error to the Hardin Circuit. Motion. 'Case 78. An-offieethas no right to take a forthcoming bond upon the levy of an execution endorsed ‘ino security -of any kind to he taken.” Itmay be a good .-secu•ity to Himself, but not as a statutory'bond. The-Chancellor 'had no jurisdiction to -interfere to stay proceedings upon an execution issued upon a delivery bond, taken'by a Sheriff upon an execution, and endorsed-“no security of any kind to 'be ta-' ken,” a'Courtof law was competent to render full-redress.
1Opinion of the Court
.Judge Beecic
delivered the opinion of the Court.
It was settled by this Court in Richardson and Letcher vs Bartley, (2 B. Monroe, 328,) that when the ■execution is endorsed “no security of any kind to be taken,” the officer has no right to take a statutory forthcoming bond, and if taken, that it could not be returned •and made the basis of an execution. It might be good as an indemnity to the officer, as a common law bond, but not otherwise.
The delivery bond in this case was, -therefore, not authorized as a statutory bond, and was improperly and illegally returned by the Sheriff as such, and…
2Cited by2 opinions
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- Williams v. StateSupreme Court of Florida · 1889