¶1By the replevy bond, Berry is not bound to pay interest on the amount of the damages and costs for which judgment was obtained against him, but by the execution which has issued on the bond he is subjected to the payment of interest, which is therefore erroneous. Therefore, it is considered by the court, that the execution aforesaid be quashed and made void, and that the plaintiff recover of the defendant his costs in this behalf expended, which is ordered Jo be certified to the said court.
2 Ky. 70
Berry v. Keatan
Decided August 13, 1801
Court of Appeals of Kentucky · decided 1801-08-13
<p>Where an execution, which issued on a replevy bond, required the sheriff to make interest on the damages and costs, which the obligors in the bond did not undertake to pay, the execution must be quashed.</p>
Decided 1801-08-13