Commonwealth ex rel. Green v. Johnson
Court of Appeals of Kentucky
Case 58. — ACTION BY MARGARET GREEN BY THE COMMON WEALTH AGAINST WILLIAM P. JOHNSON ON HIS OFFICIAL BOND AS COUNTY CLEK, FOR DAMAGES FOR THE NEGLIGENCE OF HIS DEPUTY IN TAKING AN ACKNOWLEDGMENT TO A DEED. — Appeal from Jefferson Circuit Court (Common. Pleas Branch, 2d Division.) Thos. R. Gordon, Judge. Judgment for Defendants. Plaintiff appeals.
Read the full summary
Case 58. — ACTION BY MARGARET GREEN BY THE COMMON WEALTH AGAINST WILLIAM P. JOHNSON ON HIS OFFICIAL BOND AS COUNTY CLEK, FOR DAMAGES FOR THE NEGLIGENCE OF HIS DEPUTY IN TAKING AN ACKNOWLEDGMENT TO A DEED. — Appeal from Jefferson Circuit Court (Common. Pleas Branch, 2d Division.) Thos. R. Gordon, Judge. Judgment for Defendants. Plaintiff appeals. POINTS AND AUTHORITIES. 1. It will be insisted that the act and certificate of a Clerk of the County Court are ministerial duties: (90 ICy., 25, 12 Bush, 414, Talbot’s devises v. Hooser, and the principal is liable for the acts of his deputy. 2. The…
1Opinion of the Court
Opinion by
Judge Nunn
Affirming.
Appellee, William P. Johnson, was for many years clerk of the Jefferson county court, and Walter Eatcliffe, during all those years, was his deputy. On December 21, 1900, E. D. Fryer, a real estate agent, went to the county clerk’s office and introduced to Mr. Eatcliffe a woman as Mrs. Mary E. Schneider, and presented to him a mortgage which purported to be a mortgage from Mary E. Schneider to Margaret Green. The woman thus introduced acknowledged the mortgage as the act and deed of Mary E. Schneider, making her mark instead of writing her signature and the…
2Cited by13 opinions
- State v. CummingsHawaii Supreme Court · 1967
- State v. TamanahaHawaii Supreme Court · 1962
- United States Fid. & Guar. Co. v. State Ex Rel. WardMississippi Supreme Court · 1951
- City of Duluth v. RossSupreme Court of Minnesota · 1918
- Aetna Casualty & Surety Co. v. Commonwealth Ex Rel. AndresCourt of Appeals of Kentucky (pre-1976) · 1930
8 more not listed; retrieve them via the Exa API.