Rowe v. Williams
Court of Appeals of Kentucky
Appeal from the Russell Circuit. Chancery. Case 52. Case stated. First count. Second count, This-ease distinguished, fromthe ease of Hawkins ns The Com’wth. (3 A. K. Marshal 339.), The case of Sta-ton vs Com’wth*, for Gill, stated and recognized as identical ins principle witfo this.
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Appeal from the Russell Circuit. Chancery. Case 52. Case stated. First count. Second count, This-ease distinguished, fromthe ease of Hawkins ns The Com’wth. (3 A. K. Marshal 339.), The case of Sta-ton vs Com’wth*, for Gill, stated and recognized as identical ins principle witfo this. Upon the dissolution of an injunction, execution issued for the principal debt, and was placed in the hands of the Sheriff, to whom property was delivered by the defendant in the execution to sell to pay the debt, the Sheriff left the property in. possessionofthe defendant, the property was run off out of the…
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court, which was suspended, by petition for a re-hearing, until tho 25th of October, when the petition was overruled. — Reporter.
This was an action on the case by Rowe against Williams, as Sheriff of Russell county. The defendant filed a demurrer to the declaration, which was overruled; and a verdict having been found for the plaintiff, the judgment was arrested for some defect in the declaration, which having been amended, was adjudged insufficient on demurrer. No further amendment being offered, judgment was rendered against the plaintiff, who…
2Cases cited2 opinions
- Van Rensselaer v. AkinCourt for the Trial of Impeachments and Correction of Errors · 1839
- Staton v. Commonwealth ex rel. GillCourt of Appeals of Kentucky · 1834