Judy v. Howard
Court of Appeals of Kentucky
CASE 11 — MOTION— REPEAL FROM ESTILL CIRCUIT COURT. This motion was instituted in the Estill quarterly court, from whose judgment the defendants appealed to the circuit court, and from the judgment of the latter court they prosecute this appeal. cited Revised Statutes, p. 187, sec, 2, art, 4. cited 4 Mon., 492; 3 J. J. Mar., 527; 1 B. Mon , 323 ; Rev. Statutes, p. 329, sec, 4; Session Acts, 1855-6, p. 45. cited Rev. Statutes, p. 329,sec. 4.
1Opinion of the Court
JUDGE STITES
delivered the oknion oe the court :
The constable, in our opinion, failed to show any valid excuse for not returning the execution in question.
If, as the witness says, the admission of Howard, with regard to his consent that Judy might retain the balance of the money, was made in March, 1858, it could not have related to the execution which issued in the month of April following. If, however, the witness was mistaken as to the time, and the consent was made after the issual of the execution in April, still it afforded no just excuse for failing to make the proper return. It neither…
2Cited by8 opinions
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- Sherwood v. WhitingSupreme Court of Connecticut · 1887
- Drew v. DrewSuperior Court of New Hampshire · 1854
- Perkins v. JewettMassachusetts Supreme Judicial Court · 1865
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