Commonwealth v. McFarland

Court of Appeals of Kentucky

Commonwealth v. McFarland

30 Ky. 208, 7 J.J. Marsh. 208, 1832 Ky. LEXIS 38

DecidedApril 13, 1832

StatusPublished

This text of 30 Ky. 208 (Commonwealth v. McFarland) 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 v. McFarland, 30 Ky. 208, 7 J.J. Marsh. 208, 1832 Ky. LEXIS 38 (Ky. Ct. App. 1832).

Pincite

Opinion

Judge Ntchot.as

delivered the opinion of the Court.

This is an action in the name of the Commonwealth fo* then-e of theFvfi'] county court, against McFadand on his official bond, as collector of the county lew.

The onlv question presented is, could the county court sue on the bond as relator? We think not.— It has been settled, that in an action like this, the relator is the substantial plaintiff and responsible for costs. Of course he should not only have a right to sue on the bond,’but should be capable of sueingaml being sued. We know of no law, which authorizes the county court to maintain the suit. It has no corporate capacity, that would give it such right.

Wherefore judgment is affirmed with costs.

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Judge Ntchot.as

delivered the opinion of the Court.

This is an action in the name of the Commonwealth fo* then-e of theFvfi'] county court, against McFadand on his official bond, as collector of the county lew.

The onlv question presented is, could the county court sue on the bond as relator? We think not.— It has been settled, that in an action like this, the relator is the substantial plaintiff and responsible for costs. Of course he should not only have a right to sue on the bond,’but should be capable of sueingaml being sued. We know of no law, which authorizes the county court to maintain the suit. It has no corporate capacity, that would give it such right.

Wherefore judgment is affirmed with costs.

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Bluebook (online)

30 Ky. 208, 7 J.J. Marsh. 208, 1832 Ky. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mcfarland-kyctapp-1832.