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COMMONWEALTH v. COLLINS

341 S.W.2d 73 (1960)

COMMONWEALTH of Kentucky et al., suing for the Use and Benefit of LETCHER COUNTY, Appellants, v. Robert B. COLLINS et al., Appellees.

Court of Appeals of Kentucky.

December 9, 1960.

Attorney(s) appearing for the Case

F. Byrd Hogg, Stephen Combs, Jr., Whitesburg, for appellants.

Harry M. Caudill, Whitesburg, for appellees.

STANLEY, Commissioner.

This action was filed by Letcher County, its county attorney and treasurer against Robert B. Collins, former sheriff, and the sureties on his bond to recover alleged excess fees collected by him amounting to $8,115.46 during his term of office in 1954, 1955, and 1956.

The defendants traversed material allegations of the complaint and pleaded res judicata. They moved that the complaint be dismissed insofar as it purported to have been...

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