Kentucky River Hardwood Co. v. Noble

OPINION OP THE COURT BY

CHIEF JUSTICE MlLLER — •

Reversing.

The appellant, the Kentucky River Hardwood Company, brought this action to enjoin a constable from levying an execution for $75.00 upon the property of the plaintiff, upon the ground that no judgment bad been rendered against the plaintiff in the justice’s court from wbicb the execution issued, or elsewhere.

A general demurrer was filed to the petition; and, the court treating it as a special demurrer to the jurisdiction of the court, sustained it and dismissed the petition. From that judgment the plaintiff prosecutes this appeal.

We are…