Legal Opinion

Ridgway v. Moody's Administrator

Court of Appeals of Kentucky

Decided June 2, 1891PublishedCited by 5 opinions

Case 106 — PETITION ORDINARY — APPEALS FROM HENRY CIRCUIT COURT. 1. The sureties in the bond executed in 1887 were only liable for the acts of the sheriff for one year from the date of the execution of the bond. (Gen. Stats., chap. 100, sec. 3; Idem, sec. 25; Rev. Stats., vol. 2, page 344, see. 25; Eletcher v. Leight, 4 Bush, 303; Ketler v. Thompson, 13 Bush,1i87: Moss v. State, 10 Mo, 338; s. c., 47 Am. Dec., 116; County of Wapello v. Bigham, 10 Iowa, 39; s. c., 79 Am.

Read the full summary

Case 106 — PETITION ORDINARY — APPEALS FROM HENRY CIRCUIT COURT. 1. The sureties in the bond executed in 1887 were only liable for the acts of the sheriff for one year from the date of the execution of the bond. (Gen. Stats., chap. 100, sec. 3; Idem, sec. 25; Rev. Stats., vol. 2, page 344, see. 25; Eletcher v. Leight, 4 Bush, 303; Ketler v. Thompson, 13 Bush,1i87: Moss v. State, 10 Mo, 338; s. c., 47 Am. Dec., 116; County of Wapello v. Bigham, 10 Iowa, 39; s. c., 79 Am. Dec., 370; Mayor, &c., v. Crowell, 29 Am. Rep., 225; Mayor of Rahway v. Crowell, 11 Vroom, N. J., 207; s. c., 29 Am. Rep.,…

1Opinion of the Court

JUDGE LEWIS

delivered the opinion of the court.

Appellee brought this action against appellants, sheriff and sureties in his official bond, to recover under section 5, article 17, chapter 88, General Statutes, which provides, in substance that “any sheriff * in whose hands writ of execution is placed to do execution *583thereof, who fails to return the same to the office whence it issued for thirty days after the.return day of the same, without reasonable excuse for such failure, shall, with his sureties, * * be liable jointly or severally to the plaintiff in such execution for the amount thereof,…

2Cases cited3 opinions

  1. Ketler v. ThompsonCourt of Appeals of Kentucky · 1877
  2. Johnson v. BradleyCourt of Appeals of Kentucky · 1876
  3. Taylor v. NunnCourt of Appeals of Kentucky · 1859

3Cited by5 opinions

  1. Schuff v. PflanzCourt of Appeals of Kentucky · 1896
  2. Davis v. GottCourt of Appeals of Kentucky · 1908
  3. U. S. Fidelity & Guaranty Co. v. SalyerCourt of Appeals of Kentucky · 1909
  4. Carmical v. Broughton's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1933
  5. Ison v. CommonwealthCourt of Appeals of Kentucky · 1901

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API