Commonwealth v. Berry
Court of Appeals of Kentucky
•Case 77 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. While to a certain extent the county court in receiving and approving a statutory bond must he held to an exercise of reasonable prudence and care, and the sureties have a right to presume that where the facts are sufficient to suggest inquiry concerning the proper execution of a bond the inquiry "will he made, yet it is not incumbent on the county court to go out of the way and, in the self-appointed capacity…
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•Case 77 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. While to a certain extent the county court in receiving and approving a statutory bond must he held to an exercise of reasonable prudence and care, and the sureties have a right to presume that where the facts are sufficient to suggest inquiry concerning the proper execution of a bond the inquiry "will he made, yet it is not incumbent on the county court to go out of the way and, in the self-appointed capacity of protector of the latter's interest, advise a surety of facts which he must already be presumed to know. (Berry v.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of 'the court.
The State revenue bond of Hawkins, sheriff of Franklin County, dated December 11,1880, and conditioned for the faithful collection of the State revenue for the ensuing year and the payment of same to the persons entitled to receive it, was signed hjr said sheriff and by John W. Jackson, Peter Smith, William Anderson and R. D. Armstrong as his sureties. By an order of the Franklin County Court, at its December term, December 20, 1880, this bond was filed and approved bj^ the presiding judge of tlie court. On June 6th thereafter, in pursuance…
2Cases cited2 opinions
- Graves v. Lebanon National BankCourt of Appeals of Kentucky · 1873
- Commonwealth v. HawkinsCourt of Appeals of Kentucky · 1885
3Cited by2 opinions
- Shutt's Admr. v. Shutt's Admr.Court of Appeals of Kentucky · 1921
- U. S. Fidelity & Guaranty Co. v. SalyerCourt of Appeals of Kentucky · 1909