Lexington & Danville Railroad v. Barbee
Court of Appeals of Kentucky
CASE 5 AFTEAL FROM BOYLE CIRCUIT COURT. The facts appear in the opinion of the court. The bond is not prohibited by any statute. The statutes relating to this subject are, Revised Statutes,p. 615,sec. 14; Civil Code, sections 186, 190. 1. The bond was not taken or received by the sheriff under color of his office.
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CASE 5 AFTEAL FROM BOYLE CIRCUIT COURT. The facts appear in the opinion of the court. The bond is not prohibited by any statute. The statutes relating to this subject are, Revised Statutes,p. 615,sec. 14; Civil Code, sections 186, 190. 1. The bond was not taken or received by the sheriff under color of his office. The petition, return, and Combs’ indorsement, show that it was not taken by the sheriff at all, but by the plaintiff; and, after being taken, was handed to the sheriff and received by him, not under authority of law, but the authority of plaintiff and defendant. There is no…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
The Lexington and Danville railroad company brought an action in the Fayette circuit court against Shoup, in which it was alleged, in substance, that the plaintiffs had previously entered into a written agreement with the defendant, and one De Graff, by which the plaintiffs were to deliver to the defendant and De Graff $85,000 of Fayette and Boyle county bonds *386on account of work to be done by them as contractors on the road, and for the due application of which bonds they were to give security; that the bonds had been delivered to Shoup & De…
2Cases cited2 opinions
- Basket ex rel. Triplett v. ScottCourt of Appeals of Kentucky · 1824
- Handley's administrators v. EwingsCourt of Appeals of Kentucky · 1817
3Cited by26 opinions
- P. J. Willis & Brother v. ChowningTexas Supreme Court · 1897
- Nissenberg v. FellemanMassachusetts Supreme Judicial Court · 1959
- Voris v. State xe rel. DavisIndiana Supreme Court · 1874
- Custy v. DonlanMassachusetts Supreme Judicial Court · 1893
- Bacon v. PomeroyMassachusetts Supreme Judicial Court · 1870
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