Faught v. Byrne

Court of Appeals of Kentucky

Faught v. Byrne

3 Ky. 330

DecidedMay 7, 1808

StatusPublished

This text of 3 Ky. 330 (Faught v. Byrne) 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

Faught v. Byrne, 3 Ky. 330 (Ky. Ct. App. 1808).

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Opinion

Judge Trimble,

delivered the following opinion of the court:

The variance between the judgment and execution, was glaringly irregular and illegal. The replevy bond Js but a continuance of the execution ; is founded on it; recites that execution as the authority by which, it was taken; and this superstructure must be adjudged as un. lawful as the foundation whereon it is erected. The court, therefore, erred in refusing to, correct the proceed-, ings, when applied to.

Judgment reversed ; and the cause remanded, with direction to the inferior court to quash the execution S,nd replevy bond. .

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Judge Trimble,

delivered the following opinion of the court:

The variance between the judgment and execution, was glaringly irregular and illegal. The replevy bond Js but a continuance of the execution ; is founded on it; recites that execution as the authority by which, it was taken; and this superstructure must be adjudged as un. lawful as the foundation whereon it is erected. The court, therefore, erred in refusing to, correct the proceed-, ings, when applied to.

Judgment reversed ; and the cause remanded, with direction to the inferior court to quash the execution S,nd replevy bond. .

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Bluebook (online)

3 Ky. 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faught-v-byrne-kyctapp-1808.