Lee v. Smyser
Court of Appeals of Kentucky
Case 57 — PETITION ORDINARY — APPEAL FROM BULLITT CIRCUIT . COURT. 1. The court should have quashed the attachment because it was issued for a larger amount than that stated in the affidavit.
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Case 57 — PETITION ORDINARY — APPEAL FROM BULLITT CIRCUIT . COURT. 1. The court should have quashed the attachment because it was issued for a larger amount than that stated in the affidavit. (Civil Code, sec. 199) Hickman v. Gist, Sneed, 297; Reed v. Bank of Ky., 5 Blackf. 277; Lehman v. Bransford, 12 Southern Rep.; Noe & Lawless v. Conyers, 6 J. J. M., 514; Davie v. Long’s Adm r, 4 Bush, 574; L. & N. R. Co. v. Smith’s Adm’r, 87 Ky., 501,) 2. The judgment of Nov., 1892, is in effect a judgment decreeing the sale-of the attached land, and the affidavit required by section 230 of the Code not…
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
This is an appeal by John A. Eee, who was defendant in the court below, in the suit of J. L. Smyser against him in the Bullitt Circuit Court from an order of said court in refusing to quash the attachment issued by the clerk of said court in said action, and is made upon the ground that said attachment, which issued for four thousand seven hundred dollars, was for a greater amount by eighty-one dollars and eighty-four cents than was then due upon plaintiff’s debt, as stated by him in his affidavit, or rather than the amount ascertained by…
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