26 Ky.L.Rptr. 892
Court of Appeals of Kentucky.
Nov. 3, 1904.
ACTION: Affirmed.

Appeal from Circuit Court, Knox County.
"Not to be officially reported."
Action by P. B. Farris against John Dozier and others.
From a judgment for defendants, plaintiff appeals.

The appellant, P. B. Farris, was indicted and fined in the Knox circuit court for a misdemeanor. The jury in the case returned into court the following verdict: "We, the jury, agree and find the defendant guilty and assess his fine at $100.00." And judgment was entered in accordance with the verdict. Thereafter the appellee J. R. Jones, as clerk of the Knox circuit court, issued a capias pro fine against appellant, which was placed in the hands of the appellee W. W. Bryley, who arrested appellant, and delivered him to the jailer of Knox county, who imprisoned him in the county jail. Appellant thereupon brought this action against the clerk, sheriff, and jailer for damages for false imprisonment, and also prayed that each of them be perpetually enjoined from further imprisoning or detaining him. A general demurrer was interposed and sustained to the petition, and it was dismissed.

Upon this appeal it is urged as the sole ground of reversal that, as neither the verdict of the jury nor the judgment pursuant thereto provided that he should be committed to jail until the fine assessed against him was paid, a capias pro fine did not lie. Section 1136 of the Kentucky Statutes of 1903 provides: "The jury by whom an offender is tried shall fix by their verdict the punishment to be inflicted with the periods or amounts prescribed by law. *** In cases where the punishment is a fine *** the prisoner shall be confined in the jail until the fine or costs are paid, unless otherwise provided." Section 4245 of the Statutes makes it the duty of the circuit court clerk to issue proper process on all judgments in favor of the commonwealth which have not been paid or replevied in the office, and place the same in the hands of the sheriff; and a capias pro fine is one of the writs of execution mentioned in the statute. Section 301 of the Criminal Code of Practice also provides that writs of execution as provided in the Kentucky Statutes may issue against the person or property of the defendant upon judgments for fines, whether rendered on indictments, penal action, or otherwise. These provisions of the Code and Statutes authorize the circuit court clerk to issue a capias pro fine on a judgment rendered upon the verdict against the defendant.

Judgment affirmed.

Ky.App. 1904.
82 S.W. 615, 26 Ky.L.Rptr. 892


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