Jones v. Gibson
Court of Appeals of Kentucky
Cáse 89 — SURETY APPEAL PROM HENDERSON CIRCUIT COURT. When the claim of the Commonwealth was satisfied by the sureties of the sheriff, the debt then changed from a public debt to a private obligation, springing from the promise which the law implies. (6 Mon., 642; Johnson v. City of Louisville, 11 Bush; sections 17 and 20, article 11, chapter 92, General Statutes; 3 B. Mon., 425; 2 Caine,, 747.)
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
This is an action in equity by a surety on a revenue bond to subject the amount of taxes due and unpaid by delinquent tax payers to the satisfaction of his demand against the defaulting sheriff.
It is alleged in the petition that B. F. Gibson was the legally qualified and acting sheriff of the county of Henderson during the years 1876, 1877 and 1878, and as such, in January of each of those years, executed the *562bond required by law for the collection of the State revenue with appellant and others his sureties ; that he paid the full amount of the…
2Cited by9 opinions
- Baldwin v. HewittCourt of Appeals of Kentucky · 1889
- Brule County v. KingSouth Dakota Supreme Court · 1898
- Commonwealth Ex Rel. Martin v. StoneCourt of Appeals of Kentucky (pre-1976) · 1939
- Morrow v. HayesMichigan Supreme Court · 1924
- Penn's Ex'r v. Penn's Ex'rCourt of Appeals of Kentucky · 1905
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