Jones v. Howard (1925)

Decided May 5, 1925. Commissioner Hobson wrote the affirming opinion. The complete opinion is preserved as CAP JSON, a reproduction of primary judicial text, not an issuing-court server. Full opinion.

Source note (2026-10-18):

• Links on this page to https://static.case.law/ky/208/cases/0757-01.json, https://static.case.law/ky/297/cases/0749-01.json are an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.

Facts and procedure

Howard was circuit clerk when judgments for the Commonwealth were rendered. After appeal, his successor Jones filed mandates, issued executions, collected the judgments and remitted the money to the auditor. The auditor paid Jones the statutory ten-percent fee. Howard demanded it; Jones refused. Howard recovered judgment against Jones, who appealed. Opinion, 208 Ky. at 757–58.

Full holdings and disposition

• Applying Hager v. Franklin and the actual historical fee statute, entitlement vested in the clerk in office when judgment was recovered, not when payment arrived. The incoming clerk received his own mandate/execution fees, not a divided share of the earlier clerk’s percentage. This is a historical fee holding, not a current fee schedule.
• Howard could recover directly from Jones; a suit against the auditor was not his exclusive remedy. Money had and received is equitable in nature and does not require an express or implied-in-fact promise. The recipient must restore money belonging to another in equity and good conscience, including money received from a third person.
• Judgment affirmed. Opinion, 208 Ky. at 758–60.

Application and treatment boundary

tidwell-v-obryans-administrator-1944 expressly applies Jones’s general restitution rule. That actual later holding was read in full; this is not a comprehensive citator certificate. Tidwell, 297 Ky. at 751–52.

In kentucky module 12, applying this general rule to money left after lawful lien charges supplies a conditional accounting obligation. Jones did not adjudicate a towing, repair, equipment or Revenue sale, establish their statutory priority waterfalls, or waive Commonwealth immunity for every money claim. Those limits and the distinct statutes remain explicit in the jurisdiction record.

Legal information, not legal advice. Verify primary sources and current law before acting.