Lyons v. Breckinridge County Court
Court of Appeals of Kentucky
Case 101 — Petition Ordinary 1. The demurrer to the petition should have been sustained because it fails to show that the bond sued on was executed at the term at which the county levy was made, or at a subsequent term, and therefore is not binding upon the sureties.
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Case 101 — Petition Ordinary 1. The demurrer to the petition should have been sustained because it fails to show that the bond sued on was executed at the term at which the county levy was made, or at a subsequent term, and therefore is not binding upon the sureties. Minnaird v. Commonwealth, 80 Ky., 587; Wilson v. Lynnville, 93 Ky., 250; Gen. Stat., sec. 4, art. 2, chap. 27. 2. The conduct of the county officers, the county court itself, and the taxpayers of the district as set out in the answer was a material interference with the sheriff in the performance of his duties, and delayed and…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court.
This suit was instituted by the appellees, the Breckinridge County Court and the Hardinsburg and Rough Creek magisterial precinct's, on the county levy bond, executed by the sheriff of Breckinridge county, on. the 5th day of January,, 1S91, to recover a balance of $4,079.08, alleged to be due from him on the county levy of 1891, as shown by a settlement made by him with the commissioner of the county court in April, 1894, for money collected as a tax which was regularly and properly levied upon the Hardinsburg magisterial district and a part of…
2Cases cited5 opinions
- Tanner v. SkinnerCourt of Appeals of Kentucky · 1874
- Elliott County v. KitchenCourt of Appeals of Kentucky · 1878
- Loesser v. LoesserCourt of Appeals of Kentucky · 1883
- Maynard v. CommonwealthCourt of Appeals of Kentucky · 1883
- Wilson v. LinvilleCourt of Appeals of Kentucky · 1892
3Cited by1 opinion
- Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901