Goldsmith v. Owen
Court of Appeals of Kentucky
Case 73 — MOTION (Brief not in record.) The salient point in the application is the fact that in this particular case the Daveiss Circuit Court had no jurisdiction to set aside the assignment as 'fraudulent or to appoint a receiver, because the petition shows that the plaintiffs in the action where the assignment was canceled and the receiver was appointed were simple creditors and had no judgment and return of “no property found,” and no attachment was sued out. 1. The…
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Case 73 — MOTION (Brief not in record.) The salient point in the application is the fact that in this particular case the Daveiss Circuit Court had no jurisdiction to set aside the assignment as 'fraudulent or to appoint a receiver, because the petition shows that the plaintiffs in the action where the assignment was canceled and the receiver was appointed were simple creditors and had no judgment and return of “no property found,” and no attachment was sued out. 1. The Court of Appeals has no jurisdiction to issue a writ of prohibition. (Civil Code, sec. 734; Const, of Kentucky, sec. 110;…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
There is a plain distinction between cases where a court is without jurisdiction and cases where the jurisdiction exists and the proceedings are erroneous or irregular. In this case the Daveiss Equity Court had undoubted jurisdiction to cancel a fraudulent assignment and also to *421appoint a receiver, and because the facts alleged fail to state a cause of action, or if a cause of action is stated, file testimony fails to support it, affords no ground for granting the writ of prohibition; if so, the writ would go in every case where the pleading upon…
2Cited by7 opinions
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- Carey v. SampsonCourt of Appeals of Kentucky · 1912
- Goodenough, Judge Police Ct. v. Ky. Purchasing Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Speckert v. RayCourt of Appeals of Kentucky · 1915
- Gordon v. TracyCourt of Appeals of Kentucky · 1922
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