Mann v. Martin's Adm'r
Court of Appeals of Kentucky
Case 39 — SHERIFFS BOND APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. It was clearly competent to prove by parol that the person who seized appellant’s property was recognized by the sheriff as his deputy, and that the person had frequently executed process by the direction and authority of the sheriff.
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Case 39 — SHERIFFS BOND APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. It was clearly competent to prove by parol that the person who seized appellant’s property was recognized by the sheriff as his deputy, and that the person had frequently executed process by the direction and authority of the sheriff. (Grayble v. Broman, A. K. Mar., 191.) 2. Appellee, having acted upon the notes and affidavit of appellant in demanding indemnity, is estopped from denying the sufficiency of the affidavit. (Section 218, Myers’ Code.) 1. If appellant has no just claim to the property in contest, she can have no…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellant, Mrs. Y. R. Mann, brought this action against the administrator of John Martin, Sr., deceased, *243.and the sureties of said decedent, upon his official bond .as sheriff, for damages for the alleged wrongful seizure of her property by his alleged deputy, under an order of delivery that was issued in a suit of Lane & Bartlett against her husband, Wm. B.' Mann.
Two trials have been had in the lower court, and'the case has been once in this court.
Upon the first trial below, the court was of the opinion that the appellant could not maintain…
2Cases cited1 opinion
- Mann v. Martin, Adm'rCourt of Appeals of Kentucky · 1879