Riggan v. Crain
Court of Appeals of Kentucky
Case 37 — PETITION ORDINARY APPEAL PROM EDMONSON CIRCUIT COURT. 1. The petition is defective in failing to allege that the debt had not been paid. (Crawford v. Wool-worth, 5 Bush, 746.) 2. The petition is defective in failing to state that by reason of the injunction appellee was prevented from making his debt, and in not stating that there was no other property out of which it could be made.
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Case 37 — PETITION ORDINARY APPEAL PROM EDMONSON CIRCUIT COURT. 1. The petition is defective in failing to allege that the debt had not been paid. (Crawford v. Wool-worth, 5 Bush, 746.) 2. The petition is defective in failing to state that by reason of the injunction appellee was prevented from making his debt, and in not stating that there was no other property out of which it could be made. (Keel v. Ogden, 3 Dana, 109; Hanley v. Wallace, 3 B. M., 194.) 3. The execution enjoined being the basis of the action, the failure to file it as a part of the petition was a fatal defect, as also the…
1Opinion of the Court
CHIEE JUSTICE PRYOR
delivered the opinion ot the court.
Tlie appellants were sued as tlie sureties on’an injunction bond executed by W. H. Riggan to tbe appellee, D. L. Crain, enjoining tbe collection of an execution then in tlie hands of the sheriff in favor of the appellee against him. The injunction was dissolved, and these sureties now say that the facts alleged in the petition do not authorize a recovery for the reason, first, that there is no averment that the debt is unpaid ; second, that there is a failure to allege that the appellee lost his debt by reason of the injunction; third, a…
2Cases cited2 opinions
- Ragan v. ChenaultCourt of Appeals of Kentucky · 1880
- Billington v. CommonwealthCourt of Appeals of Kentucky · 1881
3Cited by3 opinions
- Clinton v. Hibbs'Court of Appeals of Kentucky · 1924
- Hart v. HamraSupreme Court of Oklahoma · 1923
- State ex rel. Spellman v. Parke-Davis & Co.Missouri Court of Appeals · 1915