Legal Opinion

Colyer v. Higgins

Court of Appeals of Kentucky

Decided December 15, 1863PublishedCited by 1 opinion

CASE 4 — PETITION ORDINARY cited 1 Rev.. Stat., p. 493; 3 B. Mon., 325; 4 Bill, 228;, 5 Litt., 43; 2 J. J. Mar., 36; 2 Met... 511;. 1 Litt., 144-5; 1 B. Mon., 212; 2 Rev.. Stai.,p. 340.

1Opinion of the Court

JUDGE BUELITT

delivered the opinion of the court:

This is an action against Colyer, the sheriff of Rockcastle county, and- his sureties, upon an official bond executed on the 3d January, 1853, to recover the amount of an execution placed in his bands, and thirty per cent, damages for bis failure to return the same for thirty days after the return day thereof. A judgment was rendered accordingly against the-defendants, from which they appeal.

In our opinion, the plaintiffs have not shown a right to maintain an action upon said bond.

The petition states, that, in the year Í852, an execution in…

2Cases cited5 opinions

  1. Allen v. TrimbleCourt of Appeals of Kentucky · 1815
  2. Cox v. JoinerCourt of Appeals of Kentucky · 1815
  3. Irvin v. PicketCourt of Appeals of Kentucky · 1814
  4. Rogers v. DarnabyCourt of Appeals of Kentucky · 1843
  5. Lofland v. EwingCourt of Appeals of Kentucky · 1824

3Cited by1 opinion

  1. United States v. HoggCourt of Appeals for the Sixth Circuit · 1902

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