Legal Opinion

Mounts v. Murphy

Court of Appeals of Kentucky

Decided October 24, 1907PublishedCited by 6 opinions

CASE 93. — ACTION BY JOHN MURPHY AGAINST JACKSON . MOUNTS ON A REPLEVIN BOND. — Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. Judgment for plaintiff, defendant appeals. QUESTIONS INVOLVED AND AUTHORITIES CITED. Recovery for. breach of bond in action of claim and delivery. (Oivil Oode, section" 184; Bates v. Buchanan, 2 Bush, 117; Kentucky Land & Immigration Co. v. Crabtree, 80 S.'W., 1161.) ' (No brief for appellee.)

1Opinion of the Court

Opinion op the Court by

Judge Nunn

Reversing.

On the 8th day of August, 1904, Yolentine Hatfield instituted an action in the Pike circuit court against . appellee, John Murphy, to recover 10 head of work cattle and the rigging belonging to same, which consisted of yokes, chains, grabs, etc., and obtained an order for the immediate delivery of the property. Hatfield executed the bond required by section 184 of the Civil Code of Practice, and appellant became Hatfield’s surety. The bond reads as folows: “We undertake to the defendant, John Murphy, that the plaintiff, Volentine Hatfield, shall duly…

2Cases cited3 opinions

  1. Campbellsville Tel. Co. v. Lebanon, L. & L. Telephone Co.Court of Appeals of Kentucky · 1904
  2. Kentucky Land & Immigration Co. v. CrabtreeCourt of Appeals of Kentucky · 1904
  3. Rogers v. BradfordCourt of Appeals of Kentucky · 1871

3Cited by6 opinions

  1. Hallidie Machinery Co. v. Whidbey Island Sand & Gravel Co.Washington Supreme Court · 1913
  2. Gust v. Edwards Co.Oregon Supreme Court · 1929
  3. Stimson's Ex'x v. TharpCourt of Appeals of Kentucky (pre-1976) · 1940
  4. Vallandingham v. RayCourt of Appeals of Kentucky · 1908
  5. Howard v. WyattCourt of Appeals of Kentucky · 1911

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