Shippen v. Curry
Court of Appeals of Kentucky
CASE 45 —MOTION— APPEAL FROM PENDLETON CIRCUIT COURT. cited Rev. Statutes, chapter 36, art. 18, sec. 4; 5 Mon., 125; Littell’s Sel. Cases, 271. cited 1 Stanton's Rev. Statutes, page 494, note. cited Jenkins vs. Hooper, MS. orpin., December, 1852.
1Opinion of the Court
JUDGE DUVALL
delivered the opinion oe the court :
Shippen prosecutes this appeal to reverse a judgment of the court below, dismissing his motion against the sheriff of Pendleton county and his sureties, to recover the amount of an execution, and thirty per centum damages thereon, for a failure to return the execution as required by law.
The execution was returnable on the third Saturday of November, 1859. It appears, from the returns of the officer indorsed on the writ, that it came to hand the 12th September, 1859; that it was levied on the 18th November, 1859, on a crop of tobacco belonging to…
2Cases cited2 opinions
- Basset & Haydon v. BowmarCourt of Appeals of Kentucky · 1843
- Waring v. ThomasCourt of Appeals of Kentucky · 1822