Adams v. Commonwealth ex rel. Ashby

Court of Appeals of Kentucky

Adams v. Commonwealth ex rel. Ashby

5 Ky. 241

DecidedJuly 1, 1810

StatusPublished

This text of 5 Ky. 241 (Adams v. Commonwealth ex rel. Ashby) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Commonwealth ex rel. Ashby, 5 Ky. 241 (Ky. Ct. App. 1810).

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Opinion

OPINION of the Court, by

Ch. J. Boyle.

The person on whose information a prosecution upon a recognizance to keep the peace has been instituted, is not required by law to be made a party to the prosecution, nor subject to pay the costs upon the failure of the prosecution. It seems therefore, that Ashby was unnecessarily made a party in the writ of error and ought sot to be subject to the payment of costs.

[243]*243Wherefore it is considered that the former judgment of this court, so far as it relates to the costs be annulled and set aside, and that ⅛ other respects it stand unaltered and affirmed.

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OPINION of the Court, by

Ch. J. Boyle.

The person on whose information a prosecution upon a recognizance to keep the peace has been instituted, is not required by law to be made a party to the prosecution, nor subject to pay the costs upon the failure of the prosecution. It seems therefore, that Ashby was unnecessarily made a party in the writ of error and ought sot to be subject to the payment of costs.

[243]*243Wherefore it is considered that the former judgment of this court, so far as it relates to the costs be annulled and set aside, and that ⅛ other respects it stand unaltered and affirmed.

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Bluebook (online)

5 Ky. 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-commonwealth-ex-rel-ashby-kyctapp-1810.