Long v. Wood
Court of Appeals of Kentucky
Case 79 — ORDINARY APPEAL FROM MONROE CIRCUIT COURT. 1. The answer fails to aver that the court rendering the judgment directed that he be arrested unless he paid it. (Crirn. Code, sec. 289.) 2. There is no authority for the arrest of appellant in Barren county upon a judgment in Monroe county.
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Case 79 — ORDINARY APPEAL FROM MONROE CIRCUIT COURT. 1. The answer fails to aver that the court rendering the judgment directed that he be arrested unless he paid it. (Crirn. Code, sec. 289.) 2. There is no authority for the arrest of appellant in Barren county upon a judgment in Monroe county. General Statutes, chapter 29, article I, section 25, provides for the only state of case in which it can be done. 1. No order of court to arrest the appellant was necessary. 2. Having been arrested by the sheriff of Barren upon a capias pro fine that issued from Monroe criminal court, it was his duty…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellant was indicted, tried, and fined in the Monroe criminal court for a misdemeanor.
A capias pro fine was issued on the judgment and placed in the hands of the sheriff of Barren county', who arrested him, and taking him to the county seat of Monroe county, delivered him to the jailer of that county, who imprisoned him in the county jail.
The appellant brought this action of trespass against the sheriff of Barren and the jailer of Monroe for the arrest and imprisonment, and the court having overruled a demurrer to the answer of the…
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