Legal Opinion

Allen v. Brown

Court of Appeals of Kentucky

Decided October 3, 1863PublishedCited by 17 opinions

CASE 36 — PETITION EQUITY cited Civil Code, secs. 574 to 585; ., secs. 440, 88; 14 B. Mon., 270; Miles vs. Watson, Mss Opin., Sept., 1854; Petit vs. Perry, Mss. Opin., Jan., 1855; Bodley's heirs vs. Morris, Mss. Opin., Oct., 1857.

1Opinion of the Court

CHIEE JUSTICE DUVALL

delivebkd the opinion op the cohkt:

Brown attached property, alleged to belong to the appellant, Allen, and, from the judgment sustaining that attachment, Allen has appealed.

The judgment must be reversed for the following reasons:

1. There was no'warning order against Allen, who was alleged to be a non-resident, and who was not summoned and did not appear. {Code, sec. 88.)

2. No attorney was appointed to defend for him. (Sec. 440, 14 B. Mon., 272.)

3. No bond was executed, as required by section 440, (14 B. Mon., 272; 1 Met., 649.)

4. The affidavit failed to state that the…

2Cases cited4 opinions

  1. Pool v. Webster & Co.Court of Appeals of Kentucky · 1860
  2. Gill v. Johnson's AdministratorsCourt of Appeals of Kentucky · 1859
  3. Lewis v. QuinkerCourt of Appeals of Kentucky · 1859
  4. Ryon v. Bean's administratorCourt of Appeals of Kentucky · 1859

3Cited by17 opinions

  1. King v. CrossSupreme Court of the United States · 1899
  2. Clolinger v. CallahanCourt of Appeals of Kentucky · 1924
  3. Paul v. SmithCourt of Appeals of Kentucky · 1885
  4. Butler v. MullenMassachusetts Supreme Judicial Court · 1868
  5. Collender Co. v. MarshallSupreme Court of Vermont · 1884

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API