Ditto v. Geoghegan
Court of Appeals of Kentucky
CASE 35 — PETITION ORDINARY APPEAL EROM HARDIN CIRCUIT COURT. The facts are stated in the opinion of the court. 1. The sheriff had no power to take the delivery bond, and, consequently, it never occupied the position of a judgment upon which an execution could issue. It did not require any motion to quash the execution and return, because all of the facts appear on the record read in evidence by the defendants.
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CASE 35 — PETITION ORDINARY APPEAL EROM HARDIN CIRCUIT COURT. The facts are stated in the opinion of the court. 1. The sheriff had no power to take the delivery bond, and, consequently, it never occupied the position of a judgment upon which an execution could issue. It did not require any motion to quash the execution and return, because all of the facts appear on the record read in evidence by the defendants. The execution under which the sale was made, having no judgment to sustain it, no title passed to the purchaser, (Richardson, &c., vs. Bartley, &c., 2 B. Mon., 328,) where it was held…
1Opinion of the Court
JUDGE DUVALL
delivered the otinion oe the codrt:
An execution in favor of Winterbower against Ditto and others, appears to have issued on the replevin bond which had been previously taken, the execution containing the usual indorsement, “no security of any kind to be taken.”
On the 18th June, 1852, this execution was levied upon a negro boy, the property of Ditto, named Perry. A bond was thereupon executed by Ditto, with Shean and Brooks as his *171sureties, stipulating that the negro levied on should be forthcoming in Elizabethtown on the 12th day of July, 1852, by 12 o’clock in the day.
The negro…
2Cases cited1 opinion
- Richardson v. BartleyCourt of Appeals of Kentucky · 1842
3Cited by18 opinions
- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Bailey v. Agawam National BankMassachusetts Supreme Judicial Court · 1906
- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
- Koski v. HaskinsMassachusetts Supreme Judicial Court · 1920
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