Mills v. Brown
Court of Appeals of Kentucky
CASE 10 — PETITION ORDINARY — APPEAL FROM TAYLOR CIRCUIT COURT. Mills and Colwell were sued for money due by account. Summons was served upon Mills, who made defense. The plaintiffs obtained an attachment in the action upon the ground that Colwell so absconds and conceals himself that a summons cannot be served upon him, and that he has left the State with intent to defraud his creditors. Defense was made for Colwell by attorney appointed by the court.
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CASE 10 — PETITION ORDINARY — APPEAL FROM TAYLOR CIRCUIT COURT. Mills and Colwell were sued for money due by account. Summons was served upon Mills, who made defense. The plaintiffs obtained an attachment in the action upon the ground that Colwell so absconds and conceals himself that a summons cannot be served upon him, and that he has left the State with intent to defraud his creditors. Defense was made for Colwell by attorney appointed by the court. Personal judgment having been rendered against Mills, the attachment sustained, and the land attached sold, to which he excepted, he has…
1Opinion of the Court
JUDGE WOOD
DELIVERED THE OFINION OF THE COURT:
It is the opinion of this court that the attachments in these causes were properly issued, and that the court did not err in sustaining them.
By section 221 of the Civil Code it is provided, that in an action for the recovery of money, where the action is against a defendant, or several defendants, who, or some one of whom, * * * has departed from this State with intent to defraud his creditors, or * * * * so conceals himself that a summons cannot *406be served upon him, the plaintiff may have an attachment at or after the commencement of the action,…
2Cited by12 opinions
- Joyce v. Joyce's adm'rCourt of Appeals of Kentucky · 1867
- Kimball v. NoyesWisconsin Supreme Court · 1864
- Exchange Bank of St. Louis v. RiceMassachusetts Supreme Judicial Court · 1867
- Sanders v. ClasonSupreme Court of Minnesota · 1868
- Fisher v. EvansCourt of Appeals of Kentucky · 1917
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