Legal Opinion

Manning v. Grinstead

Court of Appeals of Kentucky

Decided January 23, 1906PublishedCited by 4 opinions

Case 99. — ACTION BY J. L. MANNING AGAINST JAMES F. GRINSTEAD AND OTHERS FOR DAMAGES ON BOND OF INDEMNITY. Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. Prom the judgment plaintiff appeals. 1. Where there is any reasonable doubt as to the ownership of goods, or their liability to be taken on execution, indemnity may include damage's, costs and other legal expenses, including counsel fees. (Russel v. Walker, 15 Am.

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Case 99. — ACTION BY J. L. MANNING AGAINST JAMES F. GRINSTEAD AND OTHERS FOR DAMAGES ON BOND OF INDEMNITY. Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. Prom the judgment plaintiff appeals. 1. Where there is any reasonable doubt as to the ownership of goods, or their liability to be taken on execution, indemnity may include damage's, costs and other legal expenses, including counsel fees. (Russel v. Walker, 15 Am. St. Rep., 242; Cook v. Merrifield, 139 Mass., 139; Lindsey v. Parker, 142 Mass., 582.) 2. The view is taken in some jurisdictions that damages for injury to or…

1Opinion of the Court

Opinion by

Judge O’Rear

Reversing.

Appellant’s stock of clothing and merchandise of a similar’ character was levied on under an execution in favor of appellees Grinstead & Tinsley. It was levied on as the property of II. L. Manning. Before the execution was levied the officer required a bond of indemnity which was given. Appellant executed a forthcoming bond as claimant of the stock of merchandise, whereupon it was turned back to him by the-sheriff. None of it had been sold or damaged while-in the sheriff’s custody, nor had it depreciated in value. Grinstead & Tinsley proceeded upon…

2Cases cited5 opinions

  1. Bagley v. . SmithNew York Court of Appeals · 1853
  2. Houston & T. C. R'y Co. v. HillTexas Supreme Court · 1885
  3. Peshine v. SheppersonSupreme Court of Virginia · 1867
  4. Worthington v. Morris'Court of Appeals of Kentucky · 1895
  5. Whitsell v. WhitsellCourt of Appeals of Kentucky · 1847

3Cited by4 opinions

  1. Winstead v. HicksCourt of Appeals of Kentucky · 1909
  2. Level 3 Communications, LLC v. TNT Construction, Inc.District Court, W.D. Kentucky · 2016
  3. Wayne v. CyphersWest Virginia Supreme Court · 1917
  4. Andrew McMichael v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2021

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