Biggs v. Garrard
Court of Appeals of Kentucky
Appeal from the Campbell Circuit. Moiiotc Case 104’. íhe casesiated. It is a contempt of the authority of the Chancellor for either party to the chancery suit to wrest from the officers of the Court, property attached, and in the custody of the law even by common law process, and the Chancellor has the power, and ■will order its immediate restoration. upon motion. . The common law Judge being the same individual may properly on motion set aside a judgment obtained in…
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Appeal from the Campbell Circuit. Moiiotc Case 104’. íhe casesiated. It is a contempt of the authority of the Chancellor for either party to the chancery suit to wrest from the officers of the Court, property attached, and in the custody of the law even by common law process, and the Chancellor has the power, and ■will order its immediate restoration. upon motion. . The common law Judge being the same individual may properly on motion set aside a judgment obtained in Replevin for property so situated, by a party to the chancery suit at the same term it was rendered.
1Opinion of the CourtChief Justice Ewiss
Garrard, upon bill filed against Biggs, Nelson and others, procured the order of the Chancellor for an attachment, commanding the Sheriff to attach and take into-*485his possession three named slaves, and hold them subject to the further order of the Court, unless bond was executed to have them forthcoming, &c. The slaves being seized and in the custody of the officer, Biggs and Nelson each sued out writs of replevin against the officer, claiming distinct interests in the slaves, directed to the Coroner, by which the three slaves were wrested from the Sheriff, and delivered to Biggs and Nelson.…
2Cited by1 opinion
- Ex parte AcockCalifornia Supreme Court · 1890