Terry v. Johnson
Court of Appeals of Kentucky
Case 87 — Action on a Delivery Bond APPEAL PROM BREATHITT CIRCUIT COURT. Judgment por Dependants and Plaintiff Appeals. 1. It is claimed by counsel for appellees that plaintiff’s petition is bad, because, as they allege, it fails to state that the writ of delivery was directed to the constable, who executed it at the instance of the plaintiff.
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Case 87 — Action on a Delivery Bond APPEAL PROM BREATHITT CIRCUIT COURT. Judgment por Dependants and Plaintiff Appeals. 1. It is claimed by counsel for appellees that plaintiff’s petition is bad, because, as they allege, it fails to state that the writ of delivery was directed to the constable, who executed it at the instance of the plaintiff. The petition states “that plaintiff obtained a writ of delivery which was directed to any constable of Breathitt county, and which he placed in the hands of Seburn Combs, who was at that time constable of said county.” 2. Appellees also contend that the…
1Opinion of the Court
Opinion op the court et
JUDGE HOBSON
Reversing
On March 6,1889, appellant, Isaac Terry, instituted suit against the defendant Calloway Johnson for the recovery of a lot of saw logs which Johnson had cut and carried away from certain land» claimed by him, and obtained a writ of delivery, under which the constable of Breathitt county took possession of the logs. Within two days: Johnson, with appellee Breck Herald and Richard Herald, executed a bond to the constable to the effect that he would perform the judgment of the court in the action. The case was subsequently tried in the Breathitt Circuit…
2Cases cited5 opinions
- Prather v. HarlanCourt of Appeals of Kentucky · 1869
- Meazels v. MartinCourt of Appeals of Kentucky · 1892
- Staples v. Bedford Loan & Deposit BankCourt of Appeals of Kentucky · 1895
- Maupin v. BerkleyCourt of Appeals of Kentucky · 1882
- Cook v. BoydCourt of Appeals of Kentucky · 1855
3Cited by5 opinions
- City of Louisville v. Board of Park CommissionersCourt of Appeals of Kentucky · 1901
- Love v. GibbsCourt of Appeals of Kentucky (pre-1976) · 1938
- General Securities Co. v. HindesSupreme Court of Kansas · 1925
- Maupin v. BerkleyCourt of Appeals of Kentucky · 1882
- Wood v. ColbySupreme Court of Oklahoma · 1911