Thompson v. Healy
Court of Appeals of Kentucky
CASE 14 — cited Rev. Slat., chap. 26}, secs. 5, 6; 1 Greenleaf’s Evidence, chap. 9, secs. 86-7-8; 3- Met.,, 348. cited Rev. Slat., chap. 26,, art. 2, sec. 6; 18 B. Mon., 621; Civil Code, secs. 15-, 16.
1Opinion of the Court
JUDGE BULLITT
deliveked the opinion op the cocet:
This was a proceeding;, by motion, in the Marion , county-court, against the sheriff and his sureties,, for failing to pay certain claims which, it is alleged, had been, allowed.to,Healy, by said court.
*2581. It is contended that the notice of the motion is defective, because it fails to aver that theye was in the hands of the sheriff a sufficient sum to pay Healy, after deducting the previously allowed claims'.
Such an averment is necessary in a proceeding by a creditor whose “claim is ordered to be paid by the court, after the county levy for the…
2Cases cited1 opinion
- Terrill v. CecilCourt of Appeals of Kentucky · 1860
3Cited by1 opinion
- Johnson v. BradleyCourt of Appeals of Kentucky · 1876