Legal Opinion

Blincoe v. Head

Court of Appeals of Kentucky

Decided February 1, 1898PublishedCited by 6 opinions

Case 12 — PETITION ORDINARY APPEAL FROM NELSON CIRCUIT COURT. 1. A judge of an inferior court acts in both a judicial and ministerial capacity; he is his own clerk, and in so far as his acts are those of a clerk, they are ministerial, and he is liable in all cases where a clerk would be liable. 2. The plaintiff in the action, Greenwell, sued on an account which; was paid, and attached appellant’s wages, when he knew he was a housekeeper with a family, and that they were…

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Case 12 — PETITION ORDINARY APPEAL FROM NELSON CIRCUIT COURT. 1. A judge of an inferior court acts in both a judicial and ministerial capacity; he is his own clerk, and in so far as his acts are those of a clerk, they are ministerial, and he is liable in all cases where a clerk would be liable. 2. The plaintiff in the action, Greenwell, sued on an account which; was paid, and attached appellant’s wages, when he knew he was a housekeeper with a family, and that they were exempt, and procured from 'the judge a void attachment and procured the payment of the money under that void attachment;…

1Opinion of the Court

JUDGE DuRELLE

delivered the opinion of the court.

*107From the evidence introduced on behalf of appellant, Blincoe, in this case, it appeared that he was in the employ of appellee Miles, who was indebted to him in the sum of twenty dollars, as wages; that Blincoe was a housekeeper, with a family, and on request for payment was informed by Miles that his wages had been garnisheed; that Blincoe then called on appellee, Head, police judge of New Hope, a city of the sixth class, to find out who had sued out the attachment, and was informed by Head that appellee, G-reenwell, had done so, and that the…

2Cases cited3 opinions

  1. Adkins v. BrewerNew York Supreme Court · 1824
  2. State ex rel. Huff v. McLellandNebraska Supreme Court · 1885
  3. Glazar v. HubbardCourt of Appeals of Kentucky · 1897

3Cited by6 opinions

  1. Rammage v. KendallCourt of Appeals of Kentucky · 1916
  2. Manning v. KetchamCourt of Appeals for the Sixth Circuit · 1932
  3. United Collieries, Inc. v. MartinCourt of Appeals of Kentucky (pre-1976) · 1933
  4. Cox v. PerkinsCourt of Appeals of Kentucky (pre-1976) · 1945
  5. Moser v. SummersCourt of Appeals of Kentucky · 1916

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