113 Ky. 332 | Ky. Ct. App. | 1902
Opinio of tj-ie court by
Affirming.
The appellant Ben Bramlage is trustee of the jury fund of Kenton county. This appeal involves the question as to his right to have three per cent, commission on certain ■money which went into his hands under the order of the Kenton circuit court. The admitted facts are that - in March, 1900, the sheriff had in his hands, due the Commonwealth of Kentucky, growing out of the collection of the State revenue, a large sum of money. There was a controversy pristing as to who was the auditor of public accounts, and as to who was the State treasurer. The sheriff was in doubt as to what disposition he should make of the funds. I-Ie consulted the judge of the Kenton circuit court as to what he should do.' The judge wag not clear as to his ■jurisdiction in the matter, but was of the opinion that the sheriff should not pay to either of those claiming to be the State officers mentioned until a court of competent jurisdiction should determine the question. Therefore he ordered the sheriff to place it in the hands of the trustee of the jury fund. It was not ordered to» be so paid, because it was necessary to enable the trustee of the jury fund to meet the legal demands upon him. It was simply ordered into his hands, to be kept until it should be determined to whom it should be paid. Subsequently the appellant paid it to the auditor of public accounts. The condition under which the circuit court has jurisdiction to order the collector of the State revenue to pay certain parts thereof to the trustee of the jury fund is described in section 2281 of the Ken-
The judgment is affirmed.