Commonwealth ex rel. Parrish's Administrator v. Bedford

Court of Appeals of Kentucky

Commonwealth ex rel. Parrish's Administrator v. Bedford

5 Ky. Op. 243, 1871 Ky. LEXIS 348

DecidedOctober 11, 1871

StatusPublished

This text of 5 Ky. Op. 243 (Commonwealth ex rel. Parrish's Administrator v. Bedford) 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

Commonwealth ex rel. Parrish's Administrator v. Bedford, 5 Ky. Op. 243, 1871 Ky. LEXIS 348 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Pryor:

The debt in this case was not’ paid to the sheriff Bedford until the date of the receipt in October, 1864. No execution was then in the hands of the sheriff, as the proof of 'the clerk shows that none was issued after 1863. This execution had been returned by the sheriff and destroyed by fire with other records in the clerk’s office long before the payment' is alleged to have [244]*244been made. There is no' proof of any levy by the sheriff in 1863, or at any other time, on the property of the defendant in the execution, and as the sheriff had no right to collect the money upon a judgment by virtue of his office, his sureties are not responsible. The variance between the allegations of the petition and the proof as to the parties defendant in the execution is not such an error as would authorize a reversal of the judgment rendered against Bedford. The judgment is affirmed on the original and cross-appeal.

Reid, for appellant. Apperson, for appelee.

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Opinion by

Judge Pryor:

The debt in this case was not’ paid to the sheriff Bedford until the date of the receipt in October, 1864. No execution was then in the hands of the sheriff, as the proof of 'the clerk shows that none was issued after 1863. This execution had been returned by the sheriff and destroyed by fire with other records in the clerk’s office long before the payment' is alleged to have [244]*244been made. There is no' proof of any levy by the sheriff in 1863, or at any other time, on the property of the defendant in the execution, and as the sheriff had no right to collect the money upon a judgment by virtue of his office, his sureties are not responsible. The variance between the allegations of the petition and the proof as to the parties defendant in the execution is not such an error as would authorize a reversal of the judgment rendered against Bedford. The judgment is affirmed on the original and cross-appeal.

Reid, for appellant. Apperson, for appelee.

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Bluebook (online)

5 Ky. Op. 243, 1871 Ky. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-parrishs-administrator-v-bedford-kyctapp-1871.