Browns v. Julian

Court of Appeals of Kentucky

Browns v. Julian

28 Ky. 312, 5 J.J. Marsh. 312, 1831 Ky. LEXIS 21

DecidedJanuary 11, 1831

StatusPublished

This text of 28 Ky. 312 (Browns v. Julian) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Browns v. Julian, 28 Ky. 312, 5 J.J. Marsh. 312, 1831 Ky. LEXIS 21 (Ky. Ct. App. 1831).

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Opinion

Chief Justice Robertson

delivered the opinion of the court.

It was irregular to order another execation after one on the same judgment had been returned satisfied. If the latter execution did not contain the whole amount to which the defendant in error was entitled, the regular mode of correcting the error would have been to quash it. But at all events, the order for another execution to issue was erroneous, as it was made on an ex parte motion -and the record does not show that the amount for which it was directed to issue was due.

Sanders, for plaintiffs.

Judgment, reversed and case remanded, with' instructions to dismiss the motion.

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Chief Justice Robertson

delivered the opinion of the court.

It was irregular to order another execation after one on the same judgment had been returned satisfied. If the latter execution did not contain the whole amount to which the defendant in error was entitled, the regular mode of correcting the error would have been to quash it. But at all events, the order for another execution to issue was erroneous, as it was made on an ex parte motion -and the record does not show that the amount for which it was directed to issue was due.

Sanders, for plaintiffs.

Judgment, reversed and case remanded, with' instructions to dismiss the motion.

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Bluebook (online)

28 Ky. 312, 5 J.J. Marsh. 312, 1831 Ky. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/browns-v-julian-kyctapp-1831.