Edwards-Barnard Co. v. Pflanz
Court of Appeals of Kentucky
Case 46 — Action by Edwards-Barnard Co. against John R. Pflanz, Sheriff, fob Damages foe Taking Insolvent Sureties on ai Forthcoming Bond. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION — SECOND DIVISION. Judgment Dismissing Petition and Plaintiff Appeals. POINTS AND AUTHORITIES'. 1. Sheriff is liable for negligently taking insufficient security on a bond. Mechem on Public Officers, sec. 762; Commonwealth v. Powell, 14 Ky.
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Case 46 — Action by Edwards-Barnard Co. against John R. Pflanz, Sheriff, fob Damages foe Taking Insolvent Sureties on ai Forthcoming Bond. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION — SECOND DIVISION. Judgment Dismissing Petition and Plaintiff Appeals. POINTS AND AUTHORITIES'. 1. Sheriff is liable for negligently taking insufficient security on a bond. Mechem on Public Officers, sec. 762; Commonwealth v. Powell, 14 Ky. Law Rep., 892; Throop on Public Officers, sec. 754; Rowe v. Williams, 7 B. M., 206; Commonwealth v. Thompson, 3 Dana, 301; Noble v. Desmond, 14 Pac., 16 (Cal.);…
1Opinion of the Court
Opinion op the court by
JUDGE SETTLE;
Appirming.
Appellant brought suit and obtained an attachment in the Jefferson circuit court, chancery división, against Jas. H. and Caleb E. Roberts, on a note of |250 it held against them. The attachment was placed in the hands of appellee, John R. Pflanz, then sheriff of Jefferson county, for service. On the attachment was this indorsement: “W. B. Tate & Co., Golden Rule Warehouse, Garnishee: The object of this action is to attach all money, property, choses in action, or other evidence of debt in your hands belonging to Jas. H. Roberts and Caleb E.…
2Cases cited4 opinions
- Bruch v. LantzSupreme Court of Pennsylvania · 1830
- Newport News & Mississippi Valley Co. v. Dentzel's Adm'rCourt of Appeals of Kentucky · 1890
- Louisville, Railway Co. v. TaylorCourt of Appeals of Kentucky · 1894
- Hayman & Co. v. HallamCourt of Appeals of Kentucky · 1881
3Cited by11 opinions
- Emig's Admr. v. Mutual Benefit Life Ins.Court of Appeals of Kentucky · 1907
- Farris v. MatthewsCourt of Appeals of Kentucky · 1912
- Hudson Engineering Co. v. ShawCourt of Appeals of Kentucky · 1915
- Hartford Accident & Indemnity Co. v. YoungCourt of Appeals of Georgia · 1930
- Maynard v. DamronCourt of Appeals of Kentucky (pre-1976) · 1931
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