Commonwealth v. Cole
Court of Appeals of Kentucky
Error to the Estill Circuit. Motion. Case 64. Case stated. A declaration on a Constable’s bond merely averring that the deft, by color of his office of Constable, collected money from the relator, without further averment is insufficient.
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Error to the Estill Circuit. Motion. Case 64. Case stated. A declaration on a Constable’s bond merely averring that the deft, by color of his office of Constable, collected money from the relator, without further averment is insufficient. A declaration against a Constable and sureties for collecting money under pretence of having executions agst. the plaintiff, and failing to return said executions satisfied, without any averment thathe had executions in force at the time of the receipt of the money, is not sufficient to charge the sureties. To charge Constable and his sureties on his…
1Opinion of the CourtChief Justice Marshall
This is an action against a Constable and his securities, to recover for alledged breaches of the official bond of the Constable. Two breaches are alledged, and each having been adjudged insufficient upon demurrer, and a judgment having been rendered for the defendants, the sole question in this Court, is upon the sufficiency of the declaration.
The first breach is, that “the relator was compelled to pay to said Cole the sum of $95, which Cole, by color of his office as aforesaid, wrongfully collected from the said Richardson and refused to account for,” &c. There being no allegation of fact…
2Cited by11 opinions
- Jones v. Van BeverCourt of Appeals of Kentucky · 1915
- Chandler v. RutherfordCourt of Appeals for the Eighth Circuit · 1900
- Hawkins v. ThomasIndiana Court of Appeals · 1891
- State v. LlewellynNew Mexico Supreme Court · 1917
- National Bank of Redemption v. RutledgeU.S. Circuit Court for the District of Northern Ohio · 1897
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