Commonwealth v. Offutt
Court of Appeals of Kentucky
Case 53 — FORFEITED BOND APPEAL PROM BOURBON CIRCUIT COURT. ■The question in this ease is that the Governor remit the forfeiture except upon the conditions and exceptions named in the pardon. One of the-exceptions named was commissions. What commissions? There were none except as would accrue after judgment, and the court erred in not allowing commissions, because these were excepted in the. pardon.
1Opinion of the CourtChief Justice Hines
Appellee, being surety on a bail bond, was summoned to show cause why judgment should not be entered against him on the forfeiture. For answer, he filed a remission by the Governor, containing these exceptions :• “Commissions, fees and cost.”- - The Commonwealth’s, attorney then moved the court for judgment for his, *327commissions, amounting to one hundred and twenty dollars, and for the commissions of the clerk, amounting to forty dollars. The court overruled the motion and entered judgment for the Commonwealth’s costs only. From that judgment this appeal is taken, and the only question is,…
2Cited by1 opinion
- Williams v. ShelbourneCourt of Appeals of Kentucky · 1898