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2 Ky. 62

Delany v. Stephenson

Court of Appeals of Kentucky

Decided August 11, 1801

Court of Appeals of Kentucky · decided 1801-08-11

<p>Where, in taking a replevy hond, the sheriff included a larger commission-, than he is entitled to hy law, the hond is illegal, and should he quashed.. {Contra, post, Turley v. Owings.)</p>

Decided 1801-08-11

¶1In this case, the property taken in execution was replevied, and. by the present law the sheriff was only entitled to half commissions. But it appears that he has included in the replevy bond a commission for more than three times the sum allowed by the law. Therefore, it is considered by the court, that the replevy bond aforesaid be quashed, and that the plaintiff recover of the defendant his costs in this behalf expended, which is ordered to be certified to the said court.

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