Combs v. Letcher County
Court of Appeals of Kentucky
Case 65 — ACTION ON SHERIFF’S BOND APPEAL FROM LETCHER CIRCUIT COURT. 1. The court can, not render judgment in a common law action upon the face of the papers where an issue is made. 2. In an -action upon a writing, the execution, of which is denied, burden of proof is upon .the plaintiff. 'Andrews v. Hayden, 88 Ky., 495. 3. Writings referred to in a pleading, and not with it, so as to allow the adverse party to inspect it before the trial, can not be read as evidence on the…
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Case 65 — ACTION ON SHERIFF’S BOND APPEAL FROM LETCHER CIRCUIT COURT. 1. The court can, not render judgment in a common law action upon the face of the papers where an issue is made. 2. In an -action upon a writing, the execution, of which is denied, burden of proof is upon .the plaintiff. 'Andrews v. Hayden, 88 Ky., 495. 3. Writings referred to in a pleading, and not with it, so as to allow the adverse party to inspect it before the trial, can not be read as evidence on the trial without proof of its execution. Gentry v. Doolin 1 Bush, 2. 4. Neither the .sheriff nor his sureties is liable…
1Opinion of the CourtChief Justice Hazelbrigg
This is an appeal by the sureties of Combs, sheriff of Letcher county, from a judgment against them by reason of a failure of that officer to pay over certain moneys due the county, collected on account of a special levy for court-house purposes.
It appears the fiscal court of Letcher county made a levy of twenty cents on each $100 worth of taxable property in the county for the year 1896, to be applied, when collected, “to the creation of a court-house fund.” The money arising out of the levy was in due course collected by the sheriff, and, when sued by the county, his sureties defended on…
2Cited by8 opinions
- Folks v. Barren CountyCourt of Appeals of Kentucky · 1950
- Folks v. Barren CountyCourt of Appeals of Kentucky (pre-1976) · 1950
- State ex rel. Faulconer v. Board of County CommissionersSupreme Court of Kansas · 1911
- Caywood v. StiversCourt of Appeals of Kentucky · 1968
- C., O. & S. W. R. R. v. Commonwealth ex rel. KeownCourt of Appeals of Kentucky · 1908
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