Burdine v. Pettus
Court of Appeals of Kentucky
Case 43 — ORDINARY APPEAL FROM PULASKI CIRCUIT COURT. It was not necessary to aver that execution upon the judgment' against Hale, the guardian, had been returned “no property found,” to maintain the action. The allegation is that appellee, as county judge, accepted insufficient security on the bond. The petition contains a cause of action. (Stanton’s Rev. Stat., chap. 43, art. 1,. sec. 4; Daniels v. Vertrees, 6 Bush, 4; Coulter v. McIntyre, 11 lb.,. 565; ICy.
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Case 43 — ORDINARY APPEAL FROM PULASKI CIRCUIT COURT. It was not necessary to aver that execution upon the judgment' against Hale, the guardian, had been returned “no property found,” to maintain the action. The allegation is that appellee, as county judge, accepted insufficient security on the bond. The petition contains a cause of action. (Stanton’s Rev. Stat., chap. 43, art. 1,. sec. 4; Daniels v. Vertrees, 6 Bush, 4; Coulter v. McIntyre, 11 lb.,. 565; ICy. Law Rep., vol. 1, 66.) 1. If the county judge is satisfied of the sufficiency of the security-offered, he cannot be held liable to the…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of tiie court.
The fourth section of article I, chapter 48, General Statutes, provides, that ‘ ‘ if the court fails to take such covenant, or accepts such person or persons for surety as do not satisfy it of their sufficiency, the judge so in default and his sureties shall be jointly and severally liable to the ward for any damage he may sustain thereby.” It is alleged in the petition in this case that the appellee (the county judge) accepted the covenant, and the sole ground of recovery is, that the sure*241ties at the time they executed the bond were insolvent,…
2Cited by2 opinions
- Cosby v. CommonwealthCourt of Appeals of Kentucky · 1891
- Commonwealth ex rel. Lee v. LeeCourt of Appeals of Kentucky · 1905