Brown v. Johnson & Johnson
Court of Appeals of Kentucky
Appeal from Perry Circuit Court. L. D. Lewis, Circuit Judge. Prom the judgment Bush, intervener, appeals POINTS AND AUTHORITIES. 1. Error to sustain attachment without proof, when grounds for attachment are controverted. (Crow v. Straus, 14 Ky. Law Rep. 206; Reynolds v. Wright, 18 Ky. Law Rep. 1017.) 2. Burden of proof on attaching creditor. (Morrow v. Smith, etc., 4 B. Mon. 99; Bowling’s Admr. v. Davis, etc., 19 Ky. Law Rep. 1859; Crow, etc., v. Straus, 14 Ky.
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Appeal from Perry Circuit Court. L. D. Lewis, Circuit Judge. Prom the judgment Bush, intervener, appeals POINTS AND AUTHORITIES. 1. Error to sustain attachment without proof, when grounds for attachment are controverted. (Crow v. Straus, 14 Ky. Law Rep. 206; Reynolds v. Wright, 18 Ky. Law Rep. 1017.) 2. Burden of proof on attaching creditor. (Morrow v. Smith, etc., 4 B. Mon. 99; Bowling’s Admr. v. Davis, etc., 19 Ky. Law Rep. 1859; Crow, etc., v. Straus, 14 Ky. Law Rep. 206.) 3. The court should have given peremptory instructions to find for defendant. (Buford v. L. & N. R. R. Co., 5 Ky. Law…
1Opinion of the Court
Opinion op the Court by
Vi. Rogers Clay,
Commissioner — Reversing.
The appellees, Johnson & Johnson, Albert Stacy, and C. W. Price, on November 6, 1907, filed three separate actions in the Perry circuit court against appellant, Q-. G-. Brown. Johnson & Johnson’s claim amounted to $89.09. Stacy’s claim amounted to $236.45, Price’s claim to $362.50. Each secured an order of attachment which was levied upon a tramroad that Brown had been operating and upon other property. The three actions were afterwards consolidated and heard together. During the progress of the case appellant O. G-. Bush, filed…
2Cases cited2 opinions
- Taylor v. TaylorCourt of Appeals of Kentucky · 1867
- Bowling's Administratrix v. DavisCourt of Appeals of Kentucky · 1898
3Cited by6 opinions
- Martyn v. Jacoby's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1928
- Louisville & Nashville Railroad v. Slusher's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1927
- Daugherty v. Bell National BankCourt of Appeals of Kentucky · 1917
- Petherbridge v. Princess Anne CountySupreme Court of Virginia · 1923
- Natlee Draft Horse Co. v. Cripe & Co.Court of Appeals of Kentucky · 1911
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