Legal Opinion

Stephens v. Frazier

Court of Appeals of Kentucky

Decided April 14, 1842PublishedCited by 3 opinions

Replevin. Case 78. Error to the Garrard Circuit.

1Opinion of the CourtChief Justice Eohebtson

Joseph Stephens sued James Frazier in replevin, for various articles of property, of considerable value, which the latter, as deputy Sheriff of Lincoln, had taken and held under sundry executions of fi. fa. against Samuel Stephens, the father of the plaintiff, and who lived with him.

To justify a judgment de retorno habendo in favor of a Sheriff, it is sufficient thathe ailedge the taking by -writ of fi. fa. against the plaintiff, and thaf the property was that of plaintiff and subject to the execution.

A replevin bond having been executed, a writ commanding the restoration of the property and…

2Cited by3 opinions

  1. Cox v. PrewittCourt of Appeals of Kentucky · 1923
  2. Irvin v. SmithWisconsin Supreme Court · 1886
  3. Blakeslee v. RossmanWisconsin Supreme Court · 1878

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