Legal Opinion

Griffith v. Gross

Court of Appeals of Kentucky

Decided March 29, 1900PublishedCited by 1 opinion

Case 21 — Action by James Griffith Against E. T. Gross to Recover Personal Property — APPEAL FROM PAYETTE CIRCUIT COURT.

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Case 21 — Action by James Griffith Against E. T. Gross to Recover Personal Property — APPEAL FROM PAYETTE CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 1. No judge or justice can issue an execution against the property of another, without summoning him to appea'r in court, and giving him an opportunity to show whether or not he owes ihe debt. 2. This case differs from a distress warrant issued under landlord’s lien law, against his tenant, because in that case the cattle are in the tenant’s possession, and he has actual notice when they are taken. 3. Sections 2500, 2501, and…

1Opinion of the Court

Opinion op the court by

JUDGE HOBSON

Affirming.

Section 2500 of the Kentucky Statutes gives all persons feeding or grazing cattle for compensation a lien upon the cattle for their reasonable charges for feeding or grazing them, subject to the limitations and restrictions provided in the case of a landlord’s lien for rent. Section 2501 authorizes a warrant to be sued out, directing the proper officer to levy upon and seize the cattle for the amount due, wijh interest and cost; and section 2502 requires the proceedings under the warrant to be in all respects the same as in cases of distress for…

2Cases cited3 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Blanchard v. Raines'Supreme Court of Florida · 1884
  3. Burket v. BoudeCourt of Appeals of Kentucky · 1835

3Cited by1 opinion

  1. Willis v. Lafayette-Phoenix Garage Co.Court of Appeals of Kentucky · 1924

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