Jones v. Gallatin County
Court of Appeals of Kentucky
Case 98 — PETITION ORDINARY — APPEAL FROM GALLATIN CIRCUIT COURT. 1. The failure of a duly elected sheriff to qualify as such renders him ineligible to be appointed to fill the-vacancy, and such order of appointment and any bond executed by him under it are null and void.
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Case 98 — PETITION ORDINARY — APPEAL FROM GALLATIN CIRCUIT COURT. 1. The failure of a duly elected sheriff to qualify as such renders him ineligible to be appointed to fill the-vacancy, and such order of appointment and any bond executed by him under it are null and void. (Basham v. Commonwealth, 13 Bush, 39; Hoglan v. Carpenter, 4, Bush, 91; Commonwealth for &c. v. Young, &c, 5 Dana, $64; McCormack v. Young, 3 J. J. Mar., 183; Cook v. Bank of ICy., 5 J. J. Mar., 184) 2. The appellee having sued as upon statutory bonds, cannot recover upon the idea that the bonds sued upon are good common law…
1Opinion of the CourtChief Justice Pryor
W. H. Jones was elected sheriff of the county of Gallatin at the regular election in August, 1876. He failed to exe~ *492cute bond as required by law, and the office was declared vacant by the county court. At a special term of the court, held on the 19th of January, 1877, the following order was made: “On motion of Wm. H. Jones, sheriff he is appointed collector of the county levies and ad valorem taxes in the county for the year 1877,” &c. Jones was not in fact sheriff at that time, but was appointed to fill the vacancy caused by .his failure to qualify. He executed bond as collector, with…
2Cited by13 opinions
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- Boone County Bank v. ByrumSupreme Court of Arkansas · 1900
- Lionberger v. KriegerSupreme Court of Missouri · 1885
- Boyd v. WithersCourt of Appeals of Kentucky · 1898
- Fidelity & Deposit Co. v. HusbandsCourt of Appeals of Kentucky · 1917
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