Commonwealth v. Hogan

Court of Appeals of Kentucky

Commonwealth v. Hogan

10 Ky. Op. 674, 1880 Ky. LEXIS 305

DecidedJune 29, 1880

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This text of 10 Ky. Op. 674 (Commonwealth v. Hogan) 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 v. Hogan, 10 Ky. Op. 674, 1880 Ky. LEXIS 305 (Ky. Ct. App. 1880).

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Opinion

Opinion by

Judge .Hargis :

This appeal involves the identical question which was fully considered and decided by this court at its present term in the case of Lewis v. Mansfield, 78 Ky. 460. In that case it is held that the taking and return by the sheriff of an indemnifying bond, under the provisions of Sec. 211, Civ. Code, furnishes no defense to him against an action by the claimant for an illegal seizure or conversion of his property under an attachment against the property of another person. The bond is for the protection of the sheriff, and can be sued on only by him. The obligation is to him, and its conditions are against any damage he may sustain by reason of the levy. Chap. 6, Title 14, Civ. Code, applies solely to executions and distress warrants.

Wherefore the judgment is reversed with directions to sustain the demurrer of the appellant to the answer of the appellees, and for further proceedings consistent with this opinion.

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Opinion by

Judge .Hargis :

This appeal involves the identical question which was fully considered and decided by this court at its present term in the case of Lewis v. Mansfield, 78 Ky. 460. In that case it is held that the taking and return by the sheriff of an indemnifying bond, under the provisions of Sec. 211, Civ. Code, furnishes no defense to him against an action by the claimant for an illegal seizure or conversion of his property under an attachment against the property of another person. The bond is for the protection of the sheriff, and can be sued on only by him. The obligation is to him, and its conditions are against any damage he may sustain by reason of the levy. Chap. 6, Title 14, Civ. Code, applies solely to executions and distress warrants.

Wherefore the judgment is reversed with directions to sustain the demurrer of the appellant to the answer of the appellees, and for further proceedings consistent with this opinion.

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10 Ky. Op. 674, 1880 Ky. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hogan-kyctapp-1880.

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