Kleine, Timberman & Co. v. Nie
Court of Appeals of Kentucky
Case 8á — PETITION'S EQUITY — APPEALS FROM KENTON CHANCERY COURT. 1. The orders of the county judge granting the attachments as prayed for in the petitions was a substantial, if not a literal, compliance with section 239 of the Code, as the clerk who issued the attachments could easily ascertain the correct amounts from the petitions, which he did.
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Case 8á — PETITION'S EQUITY — APPEALS FROM KENTON CHANCERY COURT. 1. The orders of the county judge granting the attachments as prayed for in the petitions was a substantial, if not a literal, compliance with section 239 of the Code, as the clerk who issued the attachments could easily ascertain the correct amounts from the petitions, which he did. (Burnam v. Romans, 2 Bush, 191.) 2. The assignment for benefit of creditors was made with a fraudulent motive, and therefore the creditors had the right to treat it as a nullity and attach the assigned property. (Bank of Commerce v. Payne & Viley,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
On the 29th day of October, 1884, the appellee, Wm. Nie, professed to convey, by deed, all his property to the appellee, Eurber, for the equal benefit of his creditors. The appellants, on the 30th and 31st of October, 1884, and the 1st day of November, 1884, instituted their-re*546spective actions of debt against the appellee, Nie, and sued out attachments in each of said actions, which were levied upon a lot of dry goods belonging to the appellee, Nie, which goods were claimed by the appellee, Eurber, as Nie’s assignee. The Chancellor discharged…
2Cases cited2 opinions
- Bank of Commerce v. Payne, Viley & Co.Court of Appeals of Kentucky · 1887
- Burnam v. RomansCourt of Appeals of Kentucky · 1867
3Cited by3 opinions
- Dickey v. DickinsonCourt of Appeals of Kentucky · 1899
- Maskovitz v. SimonCourt of Appeals of Kentucky · 1901
- Hahn v. KrollWashington Supreme Court · 1934