Legal Opinion

Ryon v. Bean's administrator

Court of Appeals of Kentucky

Decided June 25, 1859PublishedCited by 4 opinions

CASE 28 — PETITION ORDINARY — APPEAL PROM CLARKE CIRCUIT COURT. cited 1 Met., 42; 18 B. Mon., 537 ; Civil Code, sec. 123 ; Samuel vs. Dallam, MS. opinion, January, 1857. cited 13 B. Mon., 466; 17 lb., 645 ; Bowling’s heirs vs. Morris, MS. opin., .June, 1857; Civil Code, secs. 146, 161; Riggs vs. Maltby

1Opinion of the CourtChief Justice Simpson

The ground relied upon in this case for a reversal, is the insufficiency of the affidavit upon which the attachment was issued.

The statement in the affidavit which is alleged.to be insufficient is in the following words: The affiant “ believes that defendant Ryon has left Clarke county, the county of his residence, to avoid the service of legal process. He believes that said Ryon so conceals himself that a summons cannot be served *138upon him.” This statement was sworn to as true, and not merely that the affiant believed it to be true.

In the case of Williams vs. Martin, (1 Met., page 43,) an…

2Cited by4 opinions

  1. Allen v. BrownCourt of Appeals of Kentucky · 1863
  2. Newby v. CoxCourt of Appeals of Kentucky · 1883
  3. Warren v. KimballSupreme Judicial Court of Maine · 1871
  4. Great Falls Manufacturing Co. v. WorsterSupreme Court of New Hampshire · 1863

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