Payton v. McQuown
Court of Appeals of Kentucky
*Case 103 — PETITION EQUITY appeal from barren circuit court. (L. The court erred in refusing to set aside the submission, and in arbitrarily assessing damages against appellant without the introduction of any proof or any opportunity being given to introduce proof on the question. (Mallory v. Daubeis’ exors., 83 Ky., 239.) 2.The deputy clerk had authority to issue the injunction.
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*Case 103 — PETITION EQUITY appeal from barren circuit court. (L. The court erred in refusing to set aside the submission, and in arbitrarily assessing damages against appellant without the introduction of any proof or any opportunity being given to introduce proof on the question. (Mallory v. Daubeis’ exors., 83 Ky., 239.) 2.The deputy clerk had authority to issue the injunction. (Civil Code, secs. 273, 678.) • 1. A new trial or an injunction against a judgment will not be granted on account of the neglect of the agent or attorneys of the party applying for it. (Patterson v. Matthews, 3…
1Opinion of the Court
JUDGE EASTIN
delivered the opinion of the court.
This equitable action was brought by appellant, in the Barren Circuit Court, against appellee and the sheriff of Hart county, Kentucky, for the purpose of enjoining the *759levy and collection of an execution then in the hands of said sheriff, and which had been issued on a common law judgment rendered by the said Barren Circuit Court in favor of appellee against appellant.
It is, in substance, alleged by appellant in his petition, that he was employed by one Mary E. Burks, administratrix of John Burks, deceased, to aid her in collecting the assets…
2Cases cited2 opinions
- Commonwealth v. JonesCourt of Appeals of Kentucky · 1874
- Patterson v. MatthewsCourt of Appeals of Kentucky · 1813
3Cited by17 opinions
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1906
- Noe v. DavisCourt of Appeals of Kentucky · 1916
- McGuire v. Mishawaka Woolen MillsCourt of Appeals of Kentucky (pre-1976) · 1927
- State ex rel. Standaed Oil Co. v. BlaisdellNorth Dakota Supreme Court · 1911
- Griffith v. Investment Co., a Corp.Supreme Court of Florida · 1926
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