Schwein v. Sims
Court of Appeals of Kentucky
CASE 42 — PETITION ORDINARY — APPEAL FROM KENTON CIRCUIT COURT. Schwein brought this action in the Kenton circuit court against Sims, on a note for $352, and at the same time obtained an attachment upon the ground that Sims was about to sell, convey, or otherwise dispose of his property, with the fraudulent intent to cheat, hinder, or delay his creditors, which was levied upon some hogs claimed by Howard, who executed the bond and came into the cause, as mentioned in the…
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CASE 42 — PETITION ORDINARY — APPEAL FROM KENTON CIRCUIT COURT. Schwein brought this action in the Kenton circuit court against Sims, on a note for $352, and at the same time obtained an attachment upon the ground that Sims was about to sell, convey, or otherwise dispose of his property, with the fraudulent intent to cheat, hinder, or delay his creditors, which was levied upon some hogs claimed by Howard, who executed the bond and came into the cause, as mentioned in the opinion. Judgment was rendered upon the note against Sims, it not being controverted; and finally a jury, to whom the…
1Opinion of the Court
JUDGE WOOD
DELIVERED THE OPINION OF THE COURT:
In disposing of this appeal we will notice first the alleged irregularities in the proceedings in the circuit court subsequent to the filing by Howard of his petition, in which he disputes the validity of plaintiff’s attachment, and states his claim to the hogs which had been levied on, and prays to be made a party to the action.
At, or subsequent to the time of filing this petition, an order was entered by the court directing the plaintiff to make the petitioner and claimant, Howard, a party to the action.
But it does not appear by the record that…
2Cited by4 opinions
- Taylor v. TaylorCourt of Appeals of Kentucky · 1867
- Bellamy v. KrebsCourt of Appeals of Kentucky (pre-1976) · 1926
- Craddock v. BarnettCourt of Appeals of Kentucky · 1920
- Oppenheimer v. RileyCourt of Appeals of Kentucky · 1869