Paul v. Smith
Court of Appeals of Kentucky
Case 73 — JUDGMENT, JURISDICTION APPEAL FROM HENRY CIRCUIT COURT. 1. The three attaching creditors of Paul utterly failed to comply with material and substantial requirements of the law. The court had no jurisdiction. 2. It has time and again been held that the remedy by attachment is a harsh one, and every provision of the law must be implicitly complied with. The result is that the circuit court had no jurisdiction, and no power to adjudge the sale of Paul’s land.
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Case 73 — JUDGMENT, JURISDICTION APPEAL FROM HENRY CIRCUIT COURT. 1. The three attaching creditors of Paul utterly failed to comply with material and substantial requirements of the law. The court had no jurisdiction. 2. It has time and again been held that the remedy by attachment is a harsh one, and every provision of the law must be implicitly complied with. The result is that the circuit court had no jurisdiction, and no power to adjudge the sale of Paul’s land. (Bell, Berkley & Co. v. Hall. 2 Duvall, 288; Brunfield v. Dyer, 7 Bush, 507; Grigsby v. Barr,. 14 Bush, 351; Drake on…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court..
The defense of the appellees to this action of ejectment by the appellants, as the heirs of F. H. Paul, is that the land was attached for his debts, and purchased by the party through whom they claim title, at a decretal sale; and it being assailed collaterally, the only * question to be determined is whether it was void.
By section 2, of an act of the Legislature of Kentucky, passed December 23, 1861, and entitled “An act, to amend the Code of Practice in civil cases,” an additional ground of attachment was provided in these words: ‘ ‘ That he oi…
2Cases cited3 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
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- Thomas v. MahoneCourt of Appeals of Kentucky · 1872
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- Villier v. Watson's AdministratrixCourt of Appeals of Kentucky · 1916
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- Robinson v. LevySupreme Court of Missouri · 1909
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