Legal Opinion

Bell v. Keach

Court of Appeals of Kentucky

Decided January 28, 1882PublishedCited by 22 opinions

Case 9 — ORDINARY— APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. The court erred in its instructions, and in refusing those asked for by appellant. Appellee is not in any reasonable sense a housekeeper. His housekeeper was not his, and his connection with- her was. simply adulterous. The son was not born in wedlock. It can hardly be presumed that he who openly violates law can successfully appeal to its protection as a debtor.

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Case 9 — ORDINARY— APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. The court erred in its instructions, and in refusing those asked for by appellant. Appellee is not in any reasonable sense a housekeeper. His housekeeper was not his, and his connection with- her was. simply adulterous. The son was not born in wedlock. It can hardly be presumed that he who openly violates law can successfully appeal to its protection as a debtor. (McMurray v. Shuck, 6 Bush, 111; Brooks v. Collins, 11 lb., 627 ; Thompson on Homestead. Exemptions, 47; 15 B. Mon., 503; 5 Rich. S. C., 500; Gen. Stat.,. chap. 38, art.…

1Opinion of the CourtChief Justice Lewis

This is an action upon an indemnifying bond to recover damages for the seizure and sale, under execution, of property claimed by the owner to have been by law exempt.

The court below, in pursuance of special verdicts of the jury fixing the value of the property at $100, and damages for the seizure and sale at $290, rendered judgment for $39o.

The opinion of the witness as to the extefit appellee was. injured in respect to his crop by the seizure arid sale, and which appellant moved to exclude from the jury for incompetency, was asked, and given after he had stated he was. acquainted with the…

2Cited by22 opinions

  1. Scott's CaseSupreme Judicial Court of Maine · 1918
  2. Charles Taylor Sons Co. v. HuntCourt of Appeals of Kentucky · 1915
  3. Security Finance Co. v. Cook & SonCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Bays v. MahanCourt of Appeals of Kentucky (pre-1976) · 1962
  5. Grand Lodge of the Ancient Order of United Workmen v. McKinstryMissouri Court of Appeals · 1896

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