Allen v. Brown
Court of Appeals of Kentucky
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
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- Paul v. SmithCourt of Appeals of Kentucky · 1885
- Butler v. MullenMassachusetts Supreme Judicial Court · 1868
- Collender Co. v. MarshallSupreme Court of Vermont · 1884
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