Commonwealth ex rel. Sublett v. Hudson

Court of Appeals of Kentucky

Commonwealth ex rel. Sublett v. Hudson

2 Ky. Op. 27, 1867 Ky. LEXIS 380

DecidedOctober 3, 1867

StatusPublished

This text of 2 Ky. Op. 27 (Commonwealth ex rel. Sublett v. Hudson) 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.

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Commonwealth ex rel. Sublett v. Hudson, 2 Ky. Op. 27, 1867 Ky. LEXIS 380 (Ky. Ct. App. 1867).

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Opinion

Opinion of the Court bt

Judge Hobertson:

It sufficiently appears that the last execution was delivered to the appellee for official action, and that, though the enforcement of it was suspended by statute until the 1st of March succeeding the return day, yet there never was any return of it. And while the established insolvency of the Execution debtor absolved the officer from liability for the debt, it cannot relieve him from the penalty prescribed for failure to return the execution.

Wherefore the judgment exonerating the appellee altogether is reversed, and the cause remanded for a new tria?.

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Opinion of the Court bt

Judge Hobertson:

It sufficiently appears that the last execution was delivered to the appellee for official action, and that, though the enforcement of it was suspended by statute until the 1st of March succeeding the return day, yet there never was any return of it. And while the established insolvency of the Execution debtor absolved the officer from liability for the debt, it cannot relieve him from the penalty prescribed for failure to return the execution.

Wherefore the judgment exonerating the appellee altogether is reversed, and the cause remanded for a new tria?.

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Bluebook (online)

2 Ky. Op. 27, 1867 Ky. LEXIS 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-sublett-v-hudson-kyctapp-1867.