Commonwealth ex rel. Lee v. Lee
Court of Appeals of Kentucky
Case 55 — ACTION BY THE COMMONWEALTH FOR THE USE OF THOMAS R. LEE, AGAINST W. P. LEE ON HIS OFFICIAL BOND AS COUNTY JUDGE, TO RECOVER DAMAGES FOR ACCEPTING INSUFFICIENT SURETY ON GUARDIAN’S BOND. Appeal from Marshall Circuit Court. W. M. Eeed, Circuit Judge. Judgment for defendants.
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Case 55 — ACTION BY THE COMMONWEALTH FOR THE USE OF THOMAS R. LEE, AGAINST W. P. LEE ON HIS OFFICIAL BOND AS COUNTY JUDGE, TO RECOVER DAMAGES FOR ACCEPTING INSUFFICIENT SURETY ON GUARDIAN’S BOND. Appeal from Marshall Circuit Court. W. M. Eeed, Circuit Judge. Judgment for defendants. Plantiff appeals. 1. The only issue in this case is whether the county judge accepted such surety on the bond as secured to the ward his patrimony, and also as to whether he inquired into the condition of the sureties annually, and kept the bend in such condition as the law contemplates, by demanding from time to…
1Opinion of the Court
Opinion by
Judge Barker.
Reversing.
This is an action by the Commonwealth of Kentucky, for the use of Thomas R. Lee, against the appellee, W. P. Lee, on his official bond as judge of Marshall County Court, to recover damages alleged to have been sustained by his accepting Mary Lee as surety on the bond of T. D. Brown as guardian of T. R. Lee, when he knew she was insolvent.
The following sections of the Kentucky Statutes of 1903 are necessary to a discussion of the questions raised by the record before us:
“Sec. 2017. No guardian, except a testamentary one for nurture and education, can act until…
2Cases cited9 opinions
- Withers v. HickmanCourt of Appeals of Kentucky · 1845
- Commonwealth v. TiltonCourt of Appeals of Kentucky · 1901
- Fielder v. HarbisonCourt of Appeals of Kentucky · 1892
- Cosby v. CommonwealthCourt of Appeals of Kentucky · 1891
- Jarret v. AndrewsCourt of Appeals of Kentucky · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pettigrew v. WilliamsCourt of Appeals of Georgia · 1941
- American Surety Co. of N.Y. v. Skaggs Gdn.Court of Appeals of Kentucky (pre-1976) · 1933
- Cornelison v. MillionCourt of Appeals of Kentucky · 1908
- Hammons v. Musselman, Adm'xCourt of Appeals of Kentucky (pre-1976) · 1940
- Davidson's Adm'x v. DavidsonCourt of Appeals of Kentucky (pre-1976) · 1938