Legal Opinion
Newton v. Prather
Court of Appeals of Kentucky
Decided February 11, 1863PublishedCited by 3 opinions
CASE 32 — MOTION cited Hard., 64; 4 Bibb, 22; 3 Mon.,294; 3 Marsh., 350 ; 4 Dana, 268 ; 2 Dana, 227.
1Opinion of the Court
JUDGE BULLITT
delivered the opinion of the oodrt:
Prather moved for an execution against Newton, as surety for Man, on a lost replevin bond, as authorized by section 11, chapter 35, of the Revised Statutes. There was no evidence that Newton executed the bond except the sheriff’s return upon a fieri facias in favor of Prather against Man. The original return was, “ Replevied as per bond inclosed, November 2, 1859. Thos. E. Reed, S. F. C.”
In September, 1860, upon the motion of Man, leave was ■given for the sheriff to amend his return, tie went out of ■office in January, 1861. In March, 1861, he…
2Cases cited1 opinion
- Malone v. SamuelCourt of Appeals of Kentucky · 1821
3Cited by3 opinions
- Louisville, Henderson & St. Louis Railway Co. v. CommonwealthCourt of Appeals of Kentucky · 1898
- Jeffries v. RudloffSupreme Court of Iowa · 1887
- Miller v. National Bank of London, Ky.Court of Appeals of Kentucky (pre-1976) · 1938