Legal Opinion

Hill v. Ragland

Court of Appeals of Kentucky

Decided December 3, 1902PublishedCited by 29 opinions

Case 29 — Action by Nellie R. Hill against S. W.. Ragland on His Bond as Sheriff fob Wrongfully Levying an Attachment. — Dec. 3. APPEAL FROM WARREN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This is an appeal from a judgment of the lower court rendered in favor of appellee, notwithstanding the verdict of the jury in favor of appellant who was plaintiff below.

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Case 29 — Action by Nellie R. Hill against S. W.. Ragland on His Bond as Sheriff fob Wrongfully Levying an Attachment. — Dec. 3. APPEAL FROM WARREN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This is an appeal from a judgment of the lower court rendered in favor of appellee, notwithstanding the verdict of the jury in favor of appellant who was plaintiff below. It is urged by appellee that said judgment should be sustained for the reason that neither the petition nor amended petitions set up any cause of action against the defendant on his bond as sheriff, that such omission…

1Opinion of the Court

Opinion of the court by

JUDGE O’REAR

— Reversing.

Appellant, Mrs. IJ ill, sued appellee Ragland, on liis official bond as sheriff of Warren county, for having wrongfully levied an order of attachment upon' her stock of merchandise; the attachment not having issued against her property, but against that of her husband, P. J. Hill. The attachment was levied in July, 1893. Under familiar provisions of the Code of Practice, the attached property was consigned to the receiver of the court, and by him sold, and the proceeds brought into court to be disposed of according to the rights of the parties as…

2Cases cited16 opinions

  1. Hargis v. Sewell's AdministratorCourt of Appeals of Kentucky · 1888
  2. Louisville & Nashville Railroad v. CopasCourt of Appeals of Kentucky · 1894
  3. Rogers v. FeltonCourt of Appeals of Kentucky · 1895
  4. Drake's Adm'r v. SemoninCourt of Appeals of Kentucky · 1884
  5. Escott v. WhiteCourt of Appeals of Kentucky · 1873

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3Cited by29 opinions

  1. Commonwealth v. BarneyCourt of Appeals of Kentucky · 1903
  2. Harmon v. ThompsonCourt of Appeals of Kentucky · 1905
  3. Connecticut Fire Insurance v. MooreCourt of Appeals of Kentucky · 1913
  4. Doherty v. First National BankCourt of Appeals of Kentucky · 1916
  5. Bryan v. Inspiration Consolidated Copper Co.Arizona Supreme Court · 1922

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