Kenley v. Commonwealth
Court of Appeals of Kentucky
Error to the Boyle Circuit. Covenant. Case 132. The ease stated. The liability of the obligor in the bond required by the statute, on sueing out a ■writ of replevin, is in case of failing to restore the property and pay the damages assessed in the action of replevin, costs, &c. not extra costs of attorney’s fees, &c.
1Opinion of the CourtChief Justice Ewing
This is an action brought by the Commonwealth for the use of Henderson, against Hiram Kenley and his sureties, on a bond executed by them in an action of replevin prosecuted by Kenley against Henderson, for two slaves, under the statute of 1842, (3 Stat. Laws, 503,) in which action Kenley was nonsuited, and judgment rendéred for the return of the slaves and costs only; but no inquiry had or damages assessed for the injury sustained by reason of the action.
The Circuit Court instructed the jury, that the defendants were liable on said bond for reasonable hire of the slaves whilst retained by…
2Cited by1 opinion
- Kentucky Land & Immigration Co. v. CrabtreeCourt of Appeals of Kentucky · 1904