Bray v. Howard
Court of Appeals of Kentucky
Error to the Jefferson Circuit. Motion. Case 122. Case stated. A sheriff who paid to the plaintiff in an execution the amount thereof, having become liable therefor by hi» official defalcation, has ihe right to be substituted to the right of the plaintiff,, snd in the namati oftheplaintiffio. hLpayinentf06'1 A surety in- a* replevin bond is released by the failure of the plaintiff to sue out execution thereon for one year by the 19th section of the statute of 1838. (2 B.…
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Error to the Jefferson Circuit. Motion. Case 122. Case stated. A sheriff who paid to the plaintiff in an execution the amount thereof, having become liable therefor by hi» official defalcation, has ihe right to be substituted to the right of the plaintiff,, snd in the namati oftheplaintiffio. hLpayinentf06'1 A surety in- a* replevin bond is released by the failure of the plaintiff to sue out execution thereon for one year by the 19th section of the statute of 1838. (2 B. Monroe, 3.78.) Sureties are discharged from liability on judgments, injunction bonds, &c. when seven years shall have…
1Opinion of the Court
Judge Breck
delivered the opinion of the Court.
Ronald, upon notice to Howard, Brooks and Nold, obligors in a replevin bond in the Jefferson Circuit Court, in favor of Bray, moved the Judge of said Court for an execution to issue on said bond for his use, in the name of the plaintiff. The Court overruled the motion and Ronald has brought the case to this Court.
It appears that McMichael, a deputy Sheriff, having in his hands an execution upon the replevin bond, some months after the return day, paid over the amount to Bray, the plaintiff, who gave his receipt for the same. McMichael returned…
2Cited by3 opinions
- Daviess v. Womack, BryanCourt of Appeals of Kentucky · 1848
- Bradley v. MullinsCourt of Appeals of Kentucky · 1874
- Frick Co. v. EversoleCourt of Appeals of Kentucky (pre-1976) · 1938