Bell v. Norris
Court of Appeals of Kentucky
Case 10 — ORDINARY APPEAL PROM DAVIESS CIRCUIT COURT. 1. The instruction given was erroneous. It ignores the facts, and does not contain the law. 2. The direction to the jury to give double damages and double the value of the property, if it was wrongfully sold, was error. 3. The statute, chap. 66, art. 2, sec. 26, is highly penal, and to obtain the benefit of it, appellee should have declared under the statute, and not have asserted his common law right of recovery, as he…
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Case 10 — ORDINARY APPEAL PROM DAVIESS CIRCUIT COURT. 1. The instruction given was erroneous. It ignores the facts, and does not contain the law. 2. The direction to the jury to give double damages and double the value of the property, if it was wrongfully sold, was error. 3. The statute, chap. 66, art. 2, sec. 26, is highly penal, and to obtain the benefit of it, appellee should have declared under the statute, and not have asserted his common law right of recovery, as he did in his petition. 4. The nature and amount of damages prayed limit the amount of recovery. (54 Mo., 58; 15.,-225; 6…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
This was an action by Bell v. Norris to recover damages on account of the illegal issue of a distress warrant, and the sale of the appellee’s property under it before the rent became due.
It is alleged that the appellant caused the sheriff, or other officer, to levy upon and sell 450 bushels of wheat belonging to the appellee, worth 80 cents per bushel, amounting in all to $360; that he was preparing to have it threshed, but was prevented by the wrongful distress, seisin, and sale of the. wheat by the appellant; and that he was damaged ir^the sum…
2Cited by3 opinions
- Henderson National Bank v. AlvesCourt of Appeals of Kentucky · 1891
- Board v. LuigartCourt of Appeals of Kentucky · 1912
- Bell v. Providence Gas CompanySupreme Court of Rhode Island · 1914