Winstead v. Hicks
Court of Appeals of Kentucky
CASE 20. — ACTION BY B. C. HICKS AGAINST A. S. WINSTEAD AND OTHERS Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Judgment for plaintiff, defendants appeal. POINTS AND AUTHORITIES. 1. The pleadings do not support the judgment. The appellant, sued only for the value of provisions and provender not on hand. 2. An execution defendant must notify either the sheriff or the plaintiff of his claim of exemptions.
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CASE 20. — ACTION BY B. C. HICKS AGAINST A. S. WINSTEAD AND OTHERS Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Judgment for plaintiff, defendants appeal. POINTS AND AUTHORITIES. 1. The pleadings do not support the judgment. The appellant, sued only for the value of provisions and provender not on hand. 2. An execution defendant must notify either the sheriff or the plaintiff of his claim of exemptions. He cannot stand hy and see the property sold, and then claim his exemptions. Commonwealth, for &c., v. Burnett, 19 Ky. L. R., 1856:; 44 S.W. 967. 3. The measure of damages…
1Opinion of the Court
Opinion op the court, by
Judge O’Rear
Affirming-
An execution issued upon a judgment in favor of "Winstead against Hicks was levied upon two horses and a buggy, the property of the latter.' A bond of indemnity was required by the sheriff before selling the property, which was executed by the appellants. Thereupon the property was sold. This suit is upon that bond by the execution defendant, who claims that he was a housekeeper of this commonwealth, with a family, that those were his only work beasts, and that he had not the provision for his family and the *157provender for his exempt live stock…
2Cases cited8 opinions
- Schulte v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
- Hill v. RaglandCourt of Appeals of Kentucky · 1902
- Harmon v. ThompsonCourt of Appeals of Kentucky · 1905
- Collett v. JonesCourt of Appeals of Kentucky · 1847
- McGee v. AndersonCourt of Appeals of Kentucky · 1841
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hartzog v. Seeger Coal Co.Court of Appeals of Texas · 1914
- Doherty v. First National BankCourt of Appeals of Kentucky · 1916
- Myers v. SaltryCourt of Appeals of Kentucky · 1915
- Beattyville Co. v. SizemoreCourt of Appeals of Kentucky · 1924
- Lane v. RowlandCourt of Appeals of Kentucky (pre-1976) · 1943
7 more not listed; retrieve them via the Exa API.