Legal Opinion

Prather v. Harlan

Court of Appeals of Kentucky

Decided November 29, 1869PublishedCited by 10 opinions

Cáse 48 — PETITION EQUITY — CITED 12 B. Mon. 532, Ray, &c. v. Catlett & Buck. ■ 14 B. Mon. 419, Murphy v. Simpson. 5 J. J. Mar. 569, Lyne v. Bank of Kentucky, 5 Dana 56, Hall v. Haun’s Heirs. 15 B. Mon. 134-5, Spilman, &c. v. Smith. 12 B. Mon. 386, McCauley t. OfEut. CITED Revised Statutes, sec. 1, art. 12, and sec. 2, art. 9, chap. 36, and sec. 11, chap. 97. 1 M. & B.’s Digest Ky.

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Cáse 48 — PETITION EQUITY — CITED 12 B. Mon. 532, Ray, &c. v. Catlett & Buck. ■ 14 B. Mon. 419, Murphy v. Simpson. 5 J. J. Mar. 569, Lyne v. Bank of Kentucky, 5 Dana 56, Hall v. Haun’s Heirs. 15 B. Mon. 134-5, Spilman, &c. v. Smith. 12 B. Mon. 386, McCauley t. OfEut. CITED Revised Statutes, sec. 1, art. 12, and sec. 2, art. 9, chap. 36, and sec. 11, chap. 97. 1 M. & B.’s Digest Ky. Laws, 642, Act of Feb. 12, 1828. 2 Dana, 97, Williams, &c. v. Hall. 2 Met. 293, Vertrees v. Shean. 12 B. Mon. 386, McCauley v. Offut. 14 B. Mon. 135, Spilman, &c. v. Smith. 2 Duvall, 434, Furber v. Bassett.

1Opinion of the CourtChief Justice Williams

Prather having sued out execution on a replevin bond of Wm. and C. S. Harper as principals and appellees as securities, and having it levied on the property of said decedent Thompson, the securities filed a petition, and obtained an injunction from further proceedings for the alleged causes that said bond was not executed before and attested by an officer, but signed by them on a Sunday at the instance and request of C. S. Harper, who then had the paper, and afterward delivered it to Robinson, the officer who had the execution; also because Prather had permitted more than a year to elapse…

2Cases cited1 opinion

  1. McCauley v. OffuttCourt of Appeals of Kentucky · 1851

3Cited by10 opinions

  1. City of Evansville v. MorrisIndiana Supreme Court · 1882
  2. Hughes's Adm'r v. HardestyCourt of Appeals of Kentucky · 1877
  3. Harper v. PierceSupreme Court of Oklahoma · 1913
  4. Jackson City Bank & Trust Co. v. SternburgMichigan Supreme Court · 1937
  5. Terry v. JohnsonCourt of Appeals of Kentucky · 1901

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