Legal Opinion

Winn v. Carter Dry Goods Co.

Court of Appeals of Kentucky

Decided December 4, 1897PublishedCited by 10 opinions

Case 58 — PETITION ORDINARY APPEAL FROM ESTILL CIRCUIT COURT. 1. This is an action for an injury to character and reputation, and was properly brought in the county in which the acts causing the injury occurred. Secs. 72, 74 and 78 Civil Code. 2. The order quashing the summons was a final order because it put an end to the litigation. Dudley v. Ky.

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Case 58 — PETITION ORDINARY APPEAL FROM ESTILL CIRCUIT COURT. 1. This is an action for an injury to character and reputation, and was properly brought in the county in which the acts causing the injury occurred. Secs. 72, 74 and 78 Civil Code. 2. The order quashing the summons was a final order because it put an end to the litigation. Dudley v. Ky. High School, 9 Bush, 576. 1. The order quashing the return of the sheriff was not a final order. 2. The summons was properly quashed because the defendant was not summoned in the county where the action was brought. The allegation that appellant’s…

1Opinion of the Court

JUDGE BTJB.N&M

DELIVERED THE OPINION. OE THE COURT.

This suit was instituted by appellant in the Estill Circuit Court against appellee, alleging that he was engaged in the mercantile business in Estill county; that defendant, on the 23d day of September, 1895, while he was so engaged filed a suit against him in the Estill Circuit Court, in which it maliciously and without probable cause alleged that he had sold and conveyed, and was about to sell and convey, his property, with the fraudulent intent to cheat, hinder and delay his creditors, and to prevent the collection of their demands, and…

2Cases cited1 opinion

  1. Helm v. ShortCourt of Appeals of Kentucky · 1870

3Cited by10 opinions

  1. Harlow v. MasonSupreme Court of Arkansas · 1915
  2. Kentucky Heating Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1917
  3. Dye Brothers v. ButlerCourt of Appeals of Kentucky (pre-1976) · 1925
  4. Peabody v. PaakauaHawaii Supreme Court · 1918
  5. Mergenthal v. South Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1898

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