Stewart v. Thomson
Court of Appeals of Kentucky
Case 87 — PETITION ORDINARY APPEAL FROM GREENUP CIRCUIT COURT. 1. A creditor, who is a resident of this State, can not follow the property of his debtor, which is exempt from execution-under the laws of this State, into another State where it has been taken temporarily, and there subject it to the payment of his debt. 2. Where the exempt property of a resident of this State has been taken from him by such a proceeding on the part of his creditor, he is entitled to recover…
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Case 87 — PETITION ORDINARY APPEAL FROM GREENUP CIRCUIT COURT. 1. A creditor, who is a resident of this State, can not follow the property of his debtor, which is exempt from execution-under the laws of this State, into another State where it has been taken temporarily, and there subject it to the payment of his debt. 2. Where the exempt property of a resident of this State has been taken from him by such a proceeding on the part of his creditor, he is entitled to recover damages for such taking. (Woods v. . Woods, 78 Ky.. 624.) 3. The judgment of the Ohio court ordering a sale of the…
1Opinion of the Court
JUDGE GUPPY
DELIVERED THE OPINION OF THE COURT.
This action was instituted in the Greenup Circuit Court by the appellant, Linsey T. Stewart, against the appellee, Volney E. Thomson. It is alleged, in substance, in the petition and amended petition, that the appellee on January 31, 1894, brought suit on a note held by him against John Stewart and the appellant as surety in the court of Volney Row, a justice of the peace in Scioto county, in the State of Ohio, and sued out an attachment against appellant’s property in said State, and caused the same to be levied upon a span of mules, harness and…
2Cases cited1 opinion
- Wood v. WoodCourt of Appeals of Kentucky · 1880
3Cited by7 opinions
- Anderson v. CanadaySupreme Court of Oklahoma · 1913
- Armstrong v. ArmstrongSupreme Court of Puerto Rico · 1962
- Pinson v. MurphyCourt of Appeals of Kentucky (pre-1976) · 1927
- National Tube Co. v. SmithWest Virginia Supreme Court · 1905
- Greenhill's Adm'rs v. OppenheimerCourt of Appeals of Kentucky (pre-1976) · 1934
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