Cabell, Basye & Co. v. Patterson
Court of Appeals of Kentucky
Case 81 — PETITION EQUITY — APPEAL FROM HARDIN CIRCUIT COURT. 1. The court erred in discharging the attachment of appellants on the face of the papers. The allegation that D. B. Patterson has attempted to sell &c., was sufficient to authorize the attachment. (Civil Code, section 194, sub-section 7; Lane, &c., v. Robinson, 18 B. Mon., 632.J 2. The notice in the case of J. M. Robinson, Norton & Co. was not good for the reason that it did not contain the officer’s name.
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Case 81 — PETITION EQUITY — APPEAL FROM HARDIN CIRCUIT COURT. 1. The court erred in discharging the attachment of appellants on the face of the papers. The allegation that D. B. Patterson has attempted to sell &c., was sufficient to authorize the attachment. (Civil Code, section 194, sub-section 7; Lane, &c., v. Robinson, 18 B. Mon., 632.J 2. The notice in the case of J. M. Robinson, Norton & Co. was not good for the reason that it did not contain the officer’s name. (Civil Code, section 203,) 3. The attachment in the case of Dunlap Bros. '& Co. has never been served, and for that reason it…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of tiie court.
A number of the creditors of D. B. Patterson sued him and obtained orders of attachment against his property, among others the appellants, Cabell, Basye & Co., J. M. Robinson, Norton & Co. and Dunlap Bros. & Co.
The attachment obtained by the appellants was issued and executed before those of J. M. Robinson, Norton & Go,. *522and Dunlap Bros. & Co., and the lien created by their attachments as inferior to that of appellants.
Patterson moved the court to discharge, on the face of the papers, the attachment obtained by Cabell, Basye & Co., which motion…
2Cited by8 opinions
- Clolinger v. CallahanCourt of Appeals of Kentucky · 1924
- Collett v. HiltonCourt of Appeals of Kentucky (pre-1976) · 1936
- Smith v. DungeyCourt of Appeals of Kentucky · 1918
- Town of Wallins v. Luten Bridge Co.Court of Appeals of Kentucky (pre-1976) · 1942
- Blanton v. National Seed Co.Court of Appeals of Kentucky · 1924
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