Peoples' Bank of Kentucky's Assignee v. Barbour
Court of Appeals of Kentucky
CASE 69 — MOTION BY PEOPLES’ BANK OF KENTUCKY’S ASSIGNEE AGAINST MATTIE C. BARBOUR, ETC., TO REVIVE A JUDGMENT AGAINST THEM IN THE CIRCUIT COURT. Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Shackelford Miller, Judge.
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CASE 69 — MOTION BY PEOPLES’ BANK OF KENTUCKY’S ASSIGNEE AGAINST MATTIE C. BARBOUR, ETC., TO REVIVE A JUDGMENT AGAINST THEM IN THE CIRCUIT COURT. Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Shackelford Miller, Judge. Motion overruled, and plaintiff appeals. 1. Where the question of whether an execution is sufficiently vital to furnish a point from which to measure the statute of limitation the execution is held, merely voidable, and the statute of limitation suspended. 2. The issue of the execution is a ministerial act done by the clerk without notice to the…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Affirming.
On October 9, 1885, the People’s Bank of Kentucky recovered a judgment in the Louisville Chancery Court against James P. Barbour, Richard N. Barbour, and J. D. Barbour for the sum of $5,000. An execution was issued on the judgment on April 14, 1888, which was returned no property found. After this the bank assigned the judgment to W. H. Slaughter, and he on November 14, 1899, assigned it to Elizabeth O’Nora Barbour. Richard N. Barbour died February 22, 1902, and on April 13, 1903, Elizabeth O’Nora Barbour had an execution issued on the judgment…
2Cases cited1 opinion
- Huston v. DuncanCourt of Appeals of Kentucky · 1866
3Cited by3 opinions
- Louisville & Nashville Railroad v. City of HendersonCourt of Appeals of Kentucky · 1913
- Hatfield v. Kentland Coal & Coke Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Partin v. American Ass'nCourt of Appeals of Kentucky · 1913