Legal Opinion

Sutherland v. Second National Bank

Court of Appeals of Kentucky

Decided January 20, 1880PublishedCited by 12 opinions

Case 50—ORDINARY APPEAL FROM LOUISVILLE CHANCERY COURT. There had been no valid pledge of the grain to the appellee, and if there had been, still the appellants’ attachment gave them a prior lien upon it. (2 T. R., 75 ; 70 Eng., C. L. R., 687; Abbott on Shipping, 323; 4 Denio, 489; Lam v. Robinson, 18 B. Mon., 632; 2 Met., 287; 2 Duv., 485; 9 Bush, 119; Civil Code, subsec. 3, sec. 203, sec. 212; 24. Penn.

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Case 50—ORDINARY APPEAL FROM LOUISVILLE CHANCERY COURT. There had been no valid pledge of the grain to the appellee, and if there had been, still the appellants’ attachment gave them a prior lien upon it. (2 T. R., 75 ; 70 Eng., C. L. R., 687; Abbott on Shipping, 323; 4 Denio, 489; Lam v. Robinson, 18 B. Mon., 632; 2 Met., 287; 2 Duv., 485; 9 Bush, 119; Civil Code, subsec. 3, sec. 203, sec. 212; 24. Penn. R., 23.) 1. Bartlett & Co. had the right to change the destination of the grain' while it was in the hands of the Ohio and Mississippi Railway. 2. The attachment held nothing, because the…

1Opinion of the Court

JUDGE COFER

delivered the opinion of the court.

January 2, 1879, the appellant brought this suit in the Louisville Chancery Court against S. C. Bartlett & Co., non*251residents of the state, and sued out an attachment against., their property. The order of attachment was executed on. that day on the Ohio and Mississippi Railway Company by delivering a copy thereof to its agent in the city of Louisville, and by summoning the company as a garnishee, but without giving to the company a notice specifying the property attached. January 4 an alias attachment was issued and placed in the hands of the…

2Cited by12 opinions

  1. Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
  2. Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
  3. Renier v. HurlbutWisconsin Supreme Court · 1891
  4. Bowen v. PopeIllinois Supreme Court · 1888
  5. L. & N. R. R. Co. v. Central Stock Yards Co.Court of Appeals of Kentucky · 1906

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