Legal Opinion

Mitcheson's adm'r v. Foster

Court of Appeals of Kentucky

Decided January 18, 1860PublishedCited by 4 opinions

CASE 31 — MOTION IN COURT OF APPEALS — cited 1 Rev. Stat., {Stanton’s,) page 493; 1 M. Sf Brown, 626; 2 Litt. 6; 1 Lilt. 253; 5 Mon., 126.

1Opinion of the Court

JUDGE DUVALL

delivered the opinion op the court:

On the 1st of March, 1860, an execution issued from the office of the clerk of this court in favor of Mitcheson’s administrator against Martin, &c., for $96 75, returnable the first Monday in July following, directed to the sheriff of Allen county.

This is a motion, in this court, against the sheriff .and his sureties, for a judgment against them, for the amount of the execution, and 30 per cent, damages thereon, for failing to,return it to the office whence it issued, within thirty days after the return day thereof.

Foster, the sheriff, has filed…

2Cited by4 opinions

  1. In Re Appointment of the Clerk of the Court of AppealsCourt of Appeals of Kentucky (pre-1976) · 1957
  2. Louisville Industrial School of Reform v. City of LouisvilleCourt of Appeals of Kentucky · 1889
  3. The King v. HuluHawaii Supreme Court · 1868
  4. Scott v. CommonwealthCourt of Appeals of Kentucky · 1877

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