Clay v. Barkley

Court of Appeals of Kentucky

Clay v. Barkley

2 Ky. 67, 1 Sneed 67, 1801 Ky. LEXIS 59

CourtCourt of Appeals of Kentucky

DecidedAugust 13, 1801

StatusPublished

Cited by6 cases

This text of 2 Ky. 67 (Clay v. Barkley) 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

Clay v. Barkley, 2 Ky. 67, 1 Sneed 67, 1801 Ky. LEXIS 59 (Ky. Ct. App. 1801).

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Opinion

The words charged in the declaration in this suit, “ He killed and salted one of my hogs,” do not necessarily mean nor imply that the hog was feloniously stolen, and without such a meaning or implication, they are not actionable, when no special damage arising from the speaking of them is averred. Therefore, it is considered by the court, that the judgment aforesaid be reversed and set aside, and that the plaintiff recover of the defendant his costs in this behalf expended; which is ordered to be certified to the said court.

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The words charged in the declaration in this suit, “ He killed and salted one of my hogs,” do not necessarily mean nor imply that the hog was feloniously stolen, and without such a meaning or implication, they are not actionable, when no special damage arising from the speaking of them is averred. Therefore, it is considered by the court, that the judgment aforesaid be reversed and set aside, and that the plaintiff recover of the defendant his costs in this behalf expended; which is ordered to be certified to the said court.

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Bluebook (online)

2 Ky. 67, 1 Sneed 67, 1801 Ky. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-barkley-kyctapp-1801.

Opinion

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