Legal Opinion
Hall v. Grogan
Court of Appeals of Kentucky
Decided May 13, 1879PublishedCited by 5 opinions
Case 3 — PETITION ORDINARY APPEAL FROM CALLOWAY CIRCUIT COURT. Referred to Civil Code, secs. 39, 194.
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The question raised in this case is, can an attachment issue before the summons. We see no escape from the conclusion, reached by the Court below.
*12The plaintiff may, at or after the commencement of an •action, have an attachment, and not before. An action is ■commenced by filing in the clerk’s office the petition and causing a summons to be issued or a warning order made. (Secs. 39, 194, Civil Code.) There is no lis pendens until a summons is issued or a warning order made, and the provisions of the General Statutes are not in conflict with this…
2Cited by5 opinions
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