Menderson v. Speaker
Court of Appeals of Kentucky
Case 106 — ORDINARY appeal prom bourbon circuit court. ' 1. Subsection 3 of section 203 of the Civil Code does not require a notice-to the garnishee specifying the debt or demand sought to be garnisheed. 2. An order of attachment can be served only by the officer to whom: it is directed, and not by any officer to whom it might have been-, directed.
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Case 106 — ORDINARY appeal prom bourbon circuit court. ' 1. Subsection 3 of section 203 of the Civil Code does not require a notice-to the garnishee specifying the debt or demand sought to be garnisheed. 2. An order of attachment can be served only by the officer to whom: it is directed, and not by any officer to whom it might have been-, directed. (Civil Code, sec. 40; suhsec. 1, sec. 47; sec. 199; subsecs.. 1 and 2 of sec. 867; Boaz v. Nail, 2 Met., 246-7.) 1. A constable may execute an order of attachment, although it be-directed to the sheriff. (Turner v. Howard, 2 Duv., 112; Long v.…
1Opinion of the Court
JUDGE HARGIS
delivered tiie opinion of the court.
The appellees, on the 17th of February, caused a general attachment against the property of Maddox to be issued and. *510directed to the sheriff, which was on that day served upon Boyd as garnishee by ,a constable.
On the next day thereafter the appellants also sued out an attachment against Maddox’s property, and had it directed to the sheriff or any constable.
It was served upon Boyd by a constable, who delivered to him a copy of the attachment.
Thereupon the appellees caused a second attachment to issue directed to the sheriff, who executed it upon…
2Cited by4 opinions
- Bell v. WoodCourt of Appeals of Kentucky · 1888
- Johnson v. ElkinsCourt of Appeals of Kentucky · 1890
- Thacker v. CookCourt of Appeals of Kentucky (pre-1976) · 1930
- City Nat. Bank v. GardnerCourt of Appeals of Kentucky · 1884