Mooney v. Denhardt

Decided June 15, 1911

Court of Appeals of Kentucky · decided 1911-06-15

<p>1. ¡Costs — The costs in .a proceeding in this court against the Judge of a court to obtain a writ of prohibition are to be paid by him personally when adjudged against him.</p> <p>2. 'Set-off — It is the duty of the Sheriff having in his hands an execution in favor of the plaintiff against the defendant and an execution in favor of the defendant against the plaintiff to proceed with his writs as in other cases unless the judgments are set off by the proper court.</p>

Cited by 2 later decisions — most recently September 1979

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1911-06-15

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¶1 *264Opinion of the Court by

Chief Justice Hobson

¶2Discharging rule.

¶3The executions issued herein are against H. H. Denhardt and should be levied on his property. Alias executions will now be issued and placed in the sheriff’s hands. The rule will be discharged at the sheriff’s cost. It is the duty of the sheriff to execute the writs unless the judgments are ordered to be set off by a judgment of the proper court. ■ The fact that H. H. Denhardt was judge of the Warren County Court and the proceeding was for the purpose of obtaining a writ of prohibition against him is no reason why he is not personally liable for the costs. '

¶4Rule discharged.