Hughes's Adm'r v. Hardesty
Court of Appeals of Kentucky
Case 28. — APPEAL FROM JUSTICE'S COURT. APPEAL PROM HENRY CIRCUIT COURT. First. This court has decided that a replevin bond, in which all the •defendants in the execution did not join, should be quashed on the motion of the execution plaintiff in the following cases: Skinner v. Robinson, Hardin, 4; 5 Mon. 404^-5; 1 J. J. Mar. 491; 2 J. J. Mar. 137; 1 B. Mon. 238; 2 B. Mon. 304; 4 B. Mon. 305 ; 1 Duvall, 291.) Second.
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Case 28. — APPEAL FROM JUSTICE'S COURT. APPEAL PROM HENRY CIRCUIT COURT. First. This court has decided that a replevin bond, in which all the •defendants in the execution did not join, should be quashed on the motion of the execution plaintiff in the following cases: Skinner v. Robinson, Hardin, 4; 5 Mon. 404^-5; 1 J. J. Mar. 491; 2 J. J. Mar. 137; 1 B. Mon. 238; 2 B. Mon. 304; 4 B. Mon. 305 ; 1 Duvall, 291.) Second. So much of the Act of Feb. 13, 1874, as authorized appeals from the court of a justice of the peace in certain counties to the circuit court, having been held to be…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
The appellant recovered a judgment in a justice's court against L. J. Maddox and Jacob Hardesty, in December, 1874, for the sum of $50. An execution issued on the judgment, which was replevied by Maddox with Pollard as his surety. Hardesty was only surety, and refused to join in the replevin bond. The bond bore date May 8, 1875, and in August of that year a fi. fa. was issued thereon, and on the appellant's order was held up by the officer in whose hands it was placed for one month, and then returned to the office whence it issued. Another fi. fa.…
2Cases cited7 opinions
- Prather v. HarlanCourt of Appeals of Kentucky · 1869
- Jones v. Thompson's ex'rCourt of Appeals of Kentucky · 1876
- Kouns v. Bank of KentuckyCourt of Appeals of Kentucky · 1842
- Havens v. FoudryCourt of Appeals of Kentucky · 1863
- Milliken v. DinningCourt of Appeals of Kentucky · 1869
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3Cited by9 opinions
- Rosenheim v. HartsockSupreme Court of Missouri · 1886
- Shadoin v. SellarsCourt of Appeals of Kentucky (pre-1976) · 1928
- National Bank v. BryantCourt of Appeals of Kentucky · 1877
- Commonwealth v. AdkinsCourt of Appeals of Kentucky · 1916
- Fitzpatrick v. YoungCourt of Appeals of Kentucky · 1914
4 more not listed; retrieve them via the Exa API.