Armstrong v. Bell
Court of Appeals of Kentucky
Case 25 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. L In levying on the property of appellants for the debt of another and detaining same, the sheriff is liable for such detention whether or not he .had notice of the ownership; a notice to his bailiff in charge of the property was notice to him.
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Case 25 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. L In levying on the property of appellants for the debt of another and detaining same, the sheriff is liable for such detention whether or not he .had notice of the ownership; a notice to his bailiff in charge of the property was notice to him. Harrison v. Shanks, 13 Bush, 623'; Forsythe v. Ellis, 4 J. J. M., 301; Sedg-wick on Damages, vol. 2, p. 472 note and p. 444; Philips v. Harris, 3 J. J. M„ 126. 2. The sheriff commits a trespass when he levies on the property of one under an attachment against the…
1Opinion of the Court
JUDGE BURNAM
DELIVERED THE opinion of the court.
This is an action against appellee for damages for wrongfully taking possession of a barge belonging to appellants, as sheriff of Jefferson county, on the 3d day of July, 1893, and withholding the possession thereof for two hundred and *151eleven days, the seizure having been made under attachments which issued from the Carroll Circuit Court in favor of the Peacock Coal Co. against one Peter E. Told, and also under attachments which issued from the Kenton Circuit Court in favor of Ford, Eaton & Co., and one Streng, as plaintiffs, against the same…
2Cited by1 opinion
- Eldridge v. EmbryCourt of Appeals of Kentucky · 1914