Brandts' Ex'r v. Donnelly
Court of Appeals of Kentucky
Case 17— PETITION ORDINARY — 1. The county courts are courts of limited jurisdiction, and derive all their powers from express statutory enactments. (Gilchrist v. Bartlett, 9 Bush, 49.) There is no jurisdiction in the county court under section 1 of chapter 104, General Statutes, unless the steps inquired by that statute are taken.
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Case 17— PETITION ORDINARY — 1. The county courts are courts of limited jurisdiction, and derive all their powers from express statutory enactments. (Gilchrist v. Bartlett, 9 Bush, 49.) There is no jurisdiction in the county court under section 1 of chapter 104, General Statutes, unless the steps inquired by that statute are taken. The jurisdiction can not be acquired by consent. 2. Donnelly was bound on his bond of 1876. It does not appear when the abstraction of the. moneys took place, but it was before the 27th of June, 1879, and if the indemnity was not then had in accordance with the…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
Section 1 of chapter 104 of the General Statutes provides that if a surety on the bond of a personal representative wishes to be relieved from future liability, and to obtain indemnity for such as may have been incurred, or either, he may, by notice, require the principal oblig° to appear before the court in which the original bond was given, and if a new bond (see section 6, same chapter) is given, it shall operate a discharge of the surety from all liability for the acts of the principal thereafter done; and if the object be so specified,…
2Cited by2 opinions
- Louisville Gas Co. v. Kaufman, Straus & Co.Court of Appeals of Kentucky · 1898
- Fidelity Casualty Co. of N.Y. v. MauneyCourt of Appeals of Kentucky (pre-1976) · 1938