Wathen v. England, Master Commissioner
Court of Appeals of Kentucky
Case 88 — -PETITION EQUITY • APPEAL PROM MARION CIRCUIT COURT 1. The fees of master commissioners are fixed by statute; there was no warrant of law for, and no equity in, the allowance to the commissioner of commissions on the $12,000, which was never handled or disbursed by him; and the allowance for fifty-one days extra work at $3 per day was made without any evidence to show that there was any extra labor, and should be disallowed.
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Case 88 — -PETITION EQUITY • APPEAL PROM MARION CIRCUIT COURT 1. The fees of master commissioners are fixed by statute; there was no warrant of law for, and no equity in, the allowance to the commissioner of commissions on the $12,000, which was never handled or disbursed by him; and the allowance for fifty-one days extra work at $3 per day was made without any evidence to show that there was any extra labor, and should be disallowed. Outside of these two items the commissioner was well compensated for his services and the auctioneer and all other expenses paid ¿n addition. 1. Under the…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
J. Barney Watken and J. B. Wathen, Jr., were partners in the business iof raising and developing trotting horses. The firm was dissolved and a suit was brought to settle the partnership affairs. The appellee, England, is master commissioner and receiver of the Marion Circuit Court; and an order was entered on the 22d of March directing him to sell the partnership property, which he did on the Slst day of the same month. It consisted in about forfy-five horses and some vehicles. The sale was consummated in one day, and the property brought about…
2Cited by3 opinions
- Graham v. AllistonCourt of Appeals of Kentucky · 1918
- Trimble & Bell v. Acme Mills Co.Court of Appeals of Kentucky · 1913
- Rash v. GivensCourt of Appeals of Kentucky · 1913