Fry v. Breckinridge
Court of Appeals of Kentucky
Error to the Fayette Circuit. Trfspass. Case 10. Case stated. The facts appearing in evidence. Judgment of the Circuit Court. This Court is not to affirm a judgment of a circuit court upon one point made and discussed in that court, though it concur with that court, when, there are other points clearly against the judgment. A distress warrantcannotissue or be levied until tbe day after the rent falls due.
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Error to the Fayette Circuit. Trfspass. Case 10. Case stated. The facts appearing in evidence. Judgment of the Circuit Court. This Court is not to affirm a judgment of a circuit court upon one point made and discussed in that court, though it concur with that court, when, there are other points clearly against the judgment. A distress warrantcannotissue or be levied until tbe day after the rent falls due. (Hardin, 297; Thomas' Coke, 254, note C.) But it may be made after the rent fallsdue, according to the statutes now in force, of both England and Ky. or before under the' particular…
1Opinion of the Court
JimsB Marshall
delivered the opinion af the Court.
This action of trespass was brought by Breckinridge, to recover, under the 3d section of the act of 1748, concerning rents, &c. (Slat. Laws, 1352,) double the value of a parcel of hemp, his property, which had been taken undei a distress warrant for rent, when none was due and in arrear. But the declaration contains a second count, de bonis asportalis, without reference to the statute.
The defendant pleaded not guilty, and also that the plaintiff, as her tenant, was indebted to her on the 31st day of December, 1844, the sum of $37 50, for rent…
2Cited by1 opinion
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