Puff v. Huchter
Court of Appeals of Kentucky
Case 31 APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The amount in controversy being over fifty dollars, a petition should have been filed by appellee in the justice’s court. (Civil Code, secs. 39> 7°5> 9°, 663; Peabody v. Spalding, MS. Opinion). 2. The amendment should not have been permitted. 1. A. & Sons had the right to pay the money to Puff as soon as the order of attachment was discharged. 2. They were ignorant of the appeal, and paid the money without notice of it.
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Case 31 APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The amount in controversy being over fifty dollars, a petition should have been filed by appellee in the justice’s court. (Civil Code, secs. 39> 7°5> 9°, 663; Peabody v. Spalding, MS. Opinion). 2. The amendment should not have been permitted. 1. A. & Sons had the right to pay the money to Puff as soon as the order of attachment was discharged. 2. They were ignorant of the appeal, and paid the money without notice of it. (Civil Code, secs. 223, 225 ; sec. 4, art. 1, chap. 38, pen. Stat.; Atchison v. Smith, 3 B. Mon., 502; Drake on…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellee filed with a justice of the peace his affidavit, showing an indebtedness to him by the appellant, Birch *147Puff; of $59.75, for groceries and house rent, and stating sufficient grounds for an attachment, and caused a warrant and attachment to issue therefor. The warrant was served on Puff, and a corporation, styled B. F. Avery & Sons, was summoned as garnishee. The corporation, by an indorsement on the attachment, admitted an indebtedness of .$59.75 to Puff.
The warrant and attachment were returned, and, on hearing, the justice dismissed…
2Cases cited4 opinions
- Clap v. BellMassachusetts Supreme Judicial Court · 1808
- Sherrod v. DavisSupreme Court of Alabama · 1850
- Danforth v. RupertSupreme Court of Iowa · 1861
- Long v. RayCourt of Appeals of Kentucky · 1833
3Cited by3 opinions
- Big Sandy Ry. Co. v. DilsCourt of Appeals of Kentucky · 1905
- Seattle Trust Co. v. PitnerWashington Supreme Court · 1897
- Erickson v. Duluth, South Shore & Atlantic Railway Co.Michigan Supreme Court · 1895