Commonwealth v. Williams
Court of Appeals of Kentucky
CASE 29 — PETITION ORDINARY APPEAL PROM OWEN CIRCUIT COURT. 1. The plea of non est factum must present a state of case from which the necessary legal deduction is, that the parties did not execute the bond, or it is not sufficient. (Taylor, &c. v. Craig, 2 J. J. Mar. 459; McCoy v. Hill, 2 Litt. 375.) 2. A county court can only speak by its records.
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CASE 29 — PETITION ORDINARY APPEAL PROM OWEN CIRCUIT COURT. 1. The plea of non est factum must present a state of case from which the necessary legal deduction is, that the parties did not execute the bond, or it is not sufficient. (Taylor, &c. v. Craig, 2 J. J. Mar. 459; McCoy v. Hill, 2 Litt. 375.) 2. A county court can only speak by its records. (Fletcher v. Leight, Barrett & Co., 4 Bush, 307; Chamberlin & Tapp v. Brewer, &c., 3 Bush, 569.) 3. The amended answers ought not to have been allowed to be filed. (Hubble v. Murphy, 1 Duv. 279; Civil Code, sec. 161; Piatt v. Craig, jr., 1 Bibb,…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This action was instituted in the Owen Circuit Court, Oct. 30,1872, to recover of N. H. Williams, sheriff, and his alleged sureties on his county-levy bonds the sum of $11,788.71. The court below rendered a judgment by default against all the defendants, for the amount claimed, and that judgment, on appeal to this court, was reversed in June, 1873, because the petition failed to allege a proper demand from the sheriff of the amount claimed to be due on settlement. (Owens v. Ballard County Court, 8 Bush, 611.) On the return of the case the petition…
2Cases cited2 opinions
- Chamberlin v. BrewerCourt of Appeals of Kentucky · 1868
- Owens v. Ballard County CourtCourt of Appeals of Kentucky · 1871
3Cited by9 opinions
- Alexander v. HumberCourt of Appeals of Kentucky · 1888
- Louisville & Nashville R. R. v. Woodford & IrelandCourt of Appeals of Kentucky · 1913
- Boyd County v. RossCourt of Appeals of Kentucky · 1893
- Acme Mills & Elevator Co. v. RivesCourt of Appeals of Kentucky · 1911
- Welch v. JenkinsCourt of Appeals of Kentucky · 1921
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