Commonwealth for Use Benefit Eversole v. West

Opinion op the Court by

Creal, Commissioner—

Affirming.

By this action, E. Gr. Eversole is seeking to recover treble .damages in the sum of $723.75, growing out of al leged false returns of the sheriff by one of his deputies on executions which issued on a number of judgments against the Whitley Grocery Company.

The opinion on a former appeal reversing a jradgment in favor of the defendants will be found in 261 Ky. 204, 87 S. W. (2d) 385, 387. For a full statement of the facts and circumstances out of which the litigation grew, reference is made to that opinion. However, we might add that the…