Green v. Lexington & Big Sandy Railroad

Court of Appeals of Kentucky

Green v. Lexington & Big Sandy Railroad

7 Ky. Op. 521, 1874 Ky. LEXIS 184

DecidedFebruary 20, 1874

StatusPublished

This text of 7 Ky. Op. 521 (Green v. Lexington & Big Sandy Railroad) 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

Green v. Lexington & Big Sandy Railroad, 7 Ky. Op. 521, 1874 Ky. LEXIS 184 (Ky. Ct. App. 1874).

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Opinion

Opinion by

Judge Pryor :

If the petition could be regarded as defective it is cured by the answer. This pleading admits every material fact necessary to enable the plaintiff to recover, and by it the defendant assumes the burden of showing that he is in some way relieved from liability. That he placed the execution in' the hands of his attorney, who seems to have forgotten that he ever had it, is no excuse for the failure to return it. The law provides that the sheriff is competent to discharge all the duties of his office by himself or deputies, and when he entrusts the custody of his executions to others, their laches can afford him no excuse. A prima facie case is made out by the pleadings, and as the defendant has failed to show any insolvency on the part of the execution debtor, there is no means of escaping’ the judgment for the debt and damage.

Judgment affirmed.

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Opinion by

Judge Pryor :

If the petition could be regarded as defective it is cured by the answer. This pleading admits every material fact necessary to enable the plaintiff to recover, and by it the defendant assumes the burden of showing that he is in some way relieved from liability. That he placed the execution in' the hands of his attorney, who seems to have forgotten that he ever had it, is no excuse for the failure to return it. The law provides that the sheriff is competent to discharge all the duties of his office by himself or deputies, and when he entrusts the custody of his executions to others, their laches can afford him no excuse. A prima facie case is made out by the pleadings, and as the defendant has failed to show any insolvency on the part of the execution debtor, there is no means of escaping’ the judgment for the debt and damage.

Judgment affirmed.

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Bluebook (online)

7 Ky. Op. 521, 1874 Ky. LEXIS 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-lexington-big-sandy-railroad-kyctapp-1874.