Fidelity Deposit Co. of Maryland v. Gardner

Opinion by

Judge Rees

Dismissing motion for writ of mandamus.

The petitioner, Fidelity & Deposit Company of Maryland, instituted a proceeding in the Warren county court under sections 4659-4664, Kentucky Statutes, in which it sought to procure its release as surety on the official bond of the respondent, H. Lee Kelley, sheriff of Warren county, and indemnity for liability already incurred. The respondent Gardner, as county judge, refused to grant any relief to the petitioner on the ground that corporate sureties were not entitled to invoke the privilege granted by section 4659 of the Kentucky…