Helvenstine v. Yantis
Court of Appeals of Kentucky
Case 107 — PETITION- EQUITY — APPEAL PROM PLENIRG CIRCUIT COURT. 1. An inferior court having no jurisdiction to grant an injunction to stay proceedings on a judgment is not affected by section 285 of Civil Code requiring that such injunction shall be issued only by the court rendering the judgment.
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Case 107 — PETITION- EQUITY — APPEAL PROM PLENIRG CIRCUIT COURT. 1. An inferior court having no jurisdiction to grant an injunction to stay proceedings on a judgment is not affected by section 285 of Civil Code requiring that such injunction shall be issued only by the court rendering the judgment. (Criminal Code, sec. 13, sub-secs. 5 and 6.) 2. An act of the legislature to prohibit the sale of liquor in a certain county, which fixes a penalty of from one hundred dollars to three hundred dollars to be recovered by proceedings before the county judge, is unconstitutional. (Constitution of…
1Opinion of the Court
JUDGE BENNETT
delivered tiie opinion op the court.
The appellant was proceeded against by the county judge of Fleming county for violating the provisions of the local option law, passed by the legislature for said county, and adopted by it, and a jury composed of six jurors found him guilty of the charge, and fixed his punishment at a fine of one hundred dollars, upon which the county judge rendered judgment, upon which execution was issued and which was replevied, and this, suit was brought to enjoin the issual of an execution on ‘the.replevin bond. The Chancellor having sustained a-demurrer…
2Cited by3 opinions
- Kirkland v. StateSupreme Court of Florida · 1923
- Vines v. StateWyoming Supreme Court · 1911
- Wilson v. StateSupreme Court of Florida · 1931