Goodrum v. Root
Court of Appeals of Kentucky
CASE 17 — MOTION— APPEAL PROM MARION CIRCUIT COURT. cited Rev. Stat., sec. 4, pp. 329, 330; 1 Marsh., 429; 1 Metcalfe, 160 ; 17 B. Mon., 113. cited Rev. Stat., sec. 4, page 329.
1Opinion of the CourtChief Justice Simpson
delivered the otinion of the court:
This was a motion against the sheriff and his sureties for the failure of the sheriff to return an execution for thirty days after the return day thereof, without any reasonable excuse for such failure. A judgment in the motion was rendered against the sheriff and his sureties for the full amount of the execution and thirty per centum damages thereon, and from that judgment the defendants have appealed.
It appeared upon the trial of the motion that the defendant in the execution had not property in the county out of which the whole of the execution could have…
2Cited by1 opinion
- Scott v. CommonwealthCourt of Appeals of Kentucky · 1877