Commonwealth ex rel. Slaughter v. Fisher

Court of Appeals of Kentucky

Commonwealth ex rel. Slaughter v. Fisher

25 Ky. 137, 2 J.J. Marsh. 137, 1829 Ky. LEXIS 49

DecidedJune 30, 1829

StatusPublished

This text of 25 Ky. 137 (Commonwealth ex rel. Slaughter v. Fisher) 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

Commonwealth ex rel. Slaughter v. Fisher, 25 Ky. 137, 2 J.J. Marsh. 137, 1829 Ky. LEXIS 49 (Ky. Ct. App. 1829).

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Opinion

Judge Underwood

delivered the opinion of the Court.

The principle which governs this, was settled at the present term, by the case of Fulkerson vs. Caldwell, &c. so far as the assignment of errors relates to the replevin bond. The law had been settled before, by the adjudications of this court, that a part of the defendants in the execution, could not execute a replevin bond, which the plaintiff therein would be bound to accept, in discharge of his judgment, although such bond might be obligatory on those executing it. The replevin bond in this case, ought to have been quashed, because a part of the defendants in the execution were omitted, and did not join in its execution.- The execution should, likewise, have been quashed, because it did not pursue the judgment in regard to parties.

The judgment of the circuit court must be reversed, and the cause remanded, with instructions to quash the execution and replevin bond.^

The plaintiff must recover his costs.

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Judge Underwood

delivered the opinion of the Court.

The principle which governs this, was settled at the present term, by the case of Fulkerson vs. Caldwell, &c. so far as the assignment of errors relates to the replevin bond. The law had been settled before, by the adjudications of this court, that a part of the defendants in the execution, could not execute a replevin bond, which the plaintiff therein would be bound to accept, in discharge of his judgment, although such bond might be obligatory on those executing it. The replevin bond in this case, ought to have been quashed, because a part of the defendants in the execution were omitted, and did not join in its execution.- The execution should, likewise, have been quashed, because it did not pursue the judgment in regard to parties.

The judgment of the circuit court must be reversed, and the cause remanded, with instructions to quash the execution and replevin bond.^

The plaintiff must recover his costs.

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Bluebook (online)

25 Ky. 137, 2 J.J. Marsh. 137, 1829 Ky. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-slaughter-v-fisher-kyctapp-1829.