Martin v. Commonwealth ex rel. Shackleford

Court of Appeals of Kentucky

Martin v. Commonwealth ex rel. Shackleford

29 Ky. 549, 6 J.J. Marsh. 549, 1831 Ky. LEXIS 248

DecidedOctober 18, 1831

StatusPublished

This text of 29 Ky. 549 (Martin v. Commonwealth ex rel. Shackleford) 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

Martin v. Commonwealth ex rel. Shackleford, 29 Ky. 549, 6 J.J. Marsh. 549, 1831 Ky. LEXIS 248 (Ky. Ct. App. 1831).

Pincite

Opinion

Chief Justice Robertson,

delivered the opinion of the eourt.

This is a suit against the sureties of a sheriff, for money charged to have been collected by his deputy. The verdict was for $>50, and interest thereon from a given date. The judgment is for $50, and interest thereon, until payment. The judgment for current interest is erroneous. The'verdict is sufficiently certain. Its legal effects is for $50 and interest until the finding; and the judgment ought to have been rendered accordingly.

The declaration also is defective: it does not allege that the deputy collected the money during the life of the execution, or in his official character. Every allegation in the declaration may be admitted, and still the sureties may not be liable. Wherefore the circuit court erred in overruling the demurrer to the declaration.

Judgment reversed, and cause remanded, with instructions to sustain the demurrer to the declaration, and allow an amendment, if the plaintiff in the action desire to amend.

Free access — add to your briefcase to read the full text and ask questions with AI

Chief Justice Robertson,

delivered the opinion of the eourt.

This is a suit against the sureties of a sheriff, for money charged to have been collected by his deputy. The verdict was for $>50, and interest thereon from a given date. The judgment is for $50, and interest thereon, until payment. The judgment for current interest is erroneous. The'verdict is sufficiently certain. Its legal effects is for $50 and interest until the finding; and the judgment ought to have been rendered accordingly.

The declaration also is defective: it does not allege that the deputy collected the money during the life of the execution, or in his official character. Every allegation in the declaration may be admitted, and still the sureties may not be liable. Wherefore the circuit court erred in overruling the demurrer to the declaration.

Judgment reversed, and cause remanded, with instructions to sustain the demurrer to the declaration, and allow an amendment, if the plaintiff in the action desire to amend.

Cite This Page — Counsel Stack

Bluebook (online)

29 Ky. 549, 6 J.J. Marsh. 549, 1831 Ky. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-commonwealth-ex-rel-shackleford-kyctapp-1831.