Commonwealth v. Netherland's Adm'r
Court of Appeals of Kentucky
Case 37 — -PETITION EQUITY APPEAL PROM TAYLOR CIRCUIT COURT. A county judge is liable on his official bond for failure to use reasonable care and diligence in ascertaining whether the surety offered on a guardian’s bond is solvent, or for failure to take security.
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Case 37 — -PETITION EQUITY APPEAL PROM TAYLOR CIRCUIT COURT. A county judge is liable on his official bond for failure to use reasonable care and diligence in ascertaining whether the surety offered on a guardian’s bond is solvent, or for failure to take security. (Colter v. Mclntire, 11 Bush, 565; Bevised Statutes, art. 1, chap. 43, see. 4.) 1. The act of the county judge in accepting surety on the guardian’s bond was judicial, and if he acted in good faith his sureties are not liable for mere negligence on his part. (Bevill, &c., v. Pettitt, 3 Met., 314; Ayars, &c., v. Cox, 10 Bush, 203.)…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
On the fifth day of December, 1870, P. A. Nether-land, as the presiding judge of the Taylor County Court, permitted D. S. Mitchell, on his own motion, to qualify as the guardian of the appellant, Samuel A. Morris, an infant. D. S. Mitchell signed his own name to the bond that was required by the statute, and F. A. Netherland permitted him to sign the name of R. E. Jeter to said bond as surety, upon his state*197ment that lie had the verbal authority of Jeter to sign his name to said bond as surety.
Afterwards, Mitchell becoming insolvent, he was…
2Cited by4 opinions
- Commonwealth v. TiltonCourt of Appeals of Kentucky · 1901
- Cosby v. CommonwealthCourt of Appeals of Kentucky · 1891
- Rider's Extrx. v. Sherrard's GuardianCourt of Appeals of Kentucky (pre-1976) · 1929
- Best v. RobinsonCourt of Appeals of Kentucky · 1902