Blocker v. City of Owensboro
Court of Appeals of Kentucky
CASE 7. — ACTION BY CLARA BLOCKER AGAINST THE CITY OF OWENSBORO AND OTHERS TO RECOVER DAMAGES FOR PERSONAL INJURIES. — May 14. Appeal from'Daviess Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for defendants, plaintiff appeals — POINTS CONTENDED FOR BY APPELLANT. 1. Mandamus is the appropriate remedy to enforce payment of a judgment against a municipal corporation where remedy, by execution, is not avoidable.
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CASE 7. — ACTION BY CLARA BLOCKER AGAINST THE CITY OF OWENSBORO AND OTHERS TO RECOVER DAMAGES FOR PERSONAL INJURIES. — May 14. Appeal from'Daviess Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for defendants, plaintiff appeals — POINTS CONTENDED FOR BY APPELLANT. 1. Mandamus is the appropriate remedy to enforce payment of a judgment against a municipal corporation where remedy, by execution, is not avoidable. (19 A. & E. Ency. of Law, 800, (2d Ed.) 2. A remedy against a third person will hot have the effect of defeating the right to mandamus against a municipality. (19 A & E. Ency,…
1Opinion of the Court
Opinion op the Court by
Judge Carroll —
Affirming.
In 1906 Augusta. Dieco, in an action brought by her against the city of Owensboro and J. J. Blocker, the husband of appellant, Clara Blocker, to recover damages for personal injuries sustained by obstructions on the sidewalk in the city over which she stumbled and fell, obtained a'judgment for $500 and costs. The defendants in that action prosecuted an appeal to this court, where the judgment was affirmed. In 1907 Mrs. Dieco, in consideration of the sum of $672 paid her by Clara Blocker, assigned to her the judgment without recourse. Thereupon…
2Cases cited1 opinion
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- City of Georgetown v. GroffCourt of Appeals of Kentucky · 1910
- Consolidated Coach Corporation v. WrightCourt of Appeals of Kentucky (pre-1976) · 1929
- Board of Councilmen v. VanarsdallCourt of Appeals of Kentucky · 1912
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