Commonwealth v. Lightfoot
Court of Appeals of Kentucky
Error to the Breckinridge Circuit. Covenant. Case 82. Case stated. It is the duty of a Sheriff to make a sufficient levy to satisfy the execution in his hands — but not an excessive levy. He should be governed in this by a sound discretion. If the Sheriff fail to levy, or to malte asuflleient levy, the damafeLed^proporl • {{j®in" mount of the ex-suth^has^een the extent of the tiff-
1Opinion of the Court
Judge Simpson
delivered the opinion of the Court.
This is an action against a Sheriff on his official bond, and the breach mainly relied upon is, that having an execution in his hands in favor of the relator, he failed, to make a sufficient levy.
It is no doubt the duty of an officer in levying, to take property enough, if to be had, to satisfy the execution in his hands. It is not admitted, however, that the discharge of this duty requires him, at his peril, to seize on property to an extent sufficient, when it is disposed of by public sale, to raise, in any event, a sum sufficient for…
2Cases cited1 opinion
- Taylor v. Commonwealth ex rel. PhilipsCourt of Appeals of Kentucky · 1814
3Cited by4 opinions
- Evans v. The GovernorSupreme Court of Alabama · 1851
- St. Louis, Iron Mountain & Southern Railway Co. v. AndrewsSupreme Court of Arkansas · 1912
- Commonwealth Ex Rel. Harding v. BartholomewCourt of Appeals of Kentucky (pre-1976) · 1936
- Jewell v. SwainSupreme Court of New Hampshire · 1876