Sowle Mfg. Co. v. Bernard
Court of Appeals of Kentucky
Case 92 — PETITION ORDINARY APPEAL FROM 3 EFPERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The “arrest” of an insolvent debtor in a civil action referred to in section 168 of the Civil Code, means the arrest under the capias upon final judgment.
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Case 92 — PETITION ORDINARY APPEAL FROM 3 EFPERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The “arrest” of an insolvent debtor in a civil action referred to in section 168 of the Civil Code, means the arrest under the capias upon final judgment. (Sheriff v. Buckner, 1 Litt., 127; Bryan v. Perry, 5 Mon., 276; White v. Sergeant, 1 Mon., 53; Phelps v. Burton, 6 Mon., 37; Abbott v. Daniel, 3 Met., 340.) 2. Under section 2180 of Kentucky Statutes, the application by an insolvent debtor for a discharge must be to a justice of the peace, county judge or police judge, and no other tribunal has…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
The appellant instituted suit, in the law and equity-court of Jefferson county, in 1892, against Sitwell Harris, and procured the arrest of said Harris as provided by law. Said Harris then executed bond as provided by the Code of Practice, with the appellee, S. M. Bernard, as surety.
On December 2, 1892, judgment was obtained by appellant against Harris for the debt, and the order *660of arrest was sustained, and on the same day said Harris asked to be discharged as an insolvent debtor, which discharge was then denied. On December 12th said Harris went…
2Cases cited6 opinions
- Calking v. BaldwinNew York Supreme Court · 1830
- Baker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
- Johnston v. LouisvilleCourt of Appeals of Kentucky · 1875
- Riddick & M'Nair v. Governor of Territory of MissouriSupreme Court of Missouri · 1821
- Kimble v. White Water Valley Canal Co.Indiana Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bell v. Carter, Circuit JudgeCourt of Appeals of Kentucky (pre-1976) · 1928