Patterson v. Caldwell
Court of Appeals of Kentucky
CASE 27 — PETITION EQUITY APPEAL FROM RUSSELL CIRCUIT COURT. The facts appear in the opinion of the court. 1. The clerk had no authority to make the order of attachment. 2. The Civil Code regulates the mode by which sureties may obtain provisional remedies against their principals, (sections 728, 729, 730;) and section 4 of chap. 97, of the Revised Statutes, is superseded. (Civil Code, secs. 748, 875.) 3. The ground for the attachment in this case is insufficient.
Read the full summary
CASE 27 — PETITION EQUITY APPEAL FROM RUSSELL CIRCUIT COURT. The facts appear in the opinion of the court. 1. The clerk had no authority to make the order of attachment. 2. The Civil Code regulates the mode by which sureties may obtain provisional remedies against their principals, (sections 728, 729, 730;) and section 4 of chap. 97, of the Revised Statutes, is superseded. (Civil Code, secs. 748, 875.) 3. The ground for the attachment in this case is insufficient. No allegation was necessary, except that the plaintiff was security without indemnity. (Revised Statutes, section 4, page 655.)…
1Opinion of the CourtChief Justice Simpson
This action was brought under section 4 of chap. 97 of the Revised Statutes, which section reads as follows:
“ The surety of any officer, or of any such fiduciary, or of such other person, or of any person for whom he may be bound by private agreement, may by attachment, restraining order, ne exeat, or other order out of chancery, obtain indemnity, or coerce the principal to give indemnity, by adequate security against his liability as such surety.”
The plaintiff alleged in his petition that he executed a note to the president directors and company of the Bank of Kentucky, jointly with the…
2Cited by19 opinions
- Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
- Joyner v. Lenox Savings BankMassachusetts Supreme Judicial Court · 1947
- Hammond v. ThompsonMassachusetts Supreme Judicial Court · 1897
- Moss v. Grove Hall Savings BankMassachusetts Supreme Judicial Court · 1935
- Corrigan v. PayneMassachusetts Supreme Judicial Court · 1942
14 more not listed; retrieve them via the Exa API.