House v. Moores

Court of Appeals of Kentucky

House v. Moores

7 Ky. Op. 530, 1874 Ky. LEXIS 191

DecidedFebruary 25, 1874

StatusPublished

This text of 7 Ky. Op. 530 (House v. Moores) 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

House v. Moores, 7 Ky. Op. 530, 1874 Ky. LEXIS 191 (Ky. Ct. App. 1874).

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Opinion

Opinion by

Judge PRters :

The concluding sentence of Sec. 325, Civil Code, provides that where the delivery of property has been delayed by an injunction, the value of the use, hire, or rent thereof shall be assessed. Judgment shall be rendered against the party who obtained the injunction for the damages assessed, and the assessment shall be conclusive against the surety of said party. The court, on the dissolution of the injunction, shall assess the damages and may hear the evidence and decide in a summary way, or may at its discretion cause a jury to be impaneled to find the damages. Same section.

The petition therefore should have alleged that the damages had been assessed in the manner prescribed, and also the amount of costs incurred by the party against whom the injunction had been obtained. For the faildre to make these' averments, the petition did not set forth facts sufficient to constitute a cause of action, and the demurrer was properly sustained.

Wherefore the judgment is affirmed.

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Opinion by

Judge PRters :

The concluding sentence of Sec. 325, Civil Code, provides that where the delivery of property has been delayed by an injunction, the value of the use, hire, or rent thereof shall be assessed. Judgment shall be rendered against the party who obtained the injunction for the damages assessed, and the assessment shall be conclusive against the surety of said party. The court, on the dissolution of the injunction, shall assess the damages and may hear the evidence and decide in a summary way, or may at its discretion cause a jury to be impaneled to find the damages. Same section.

The petition therefore should have alleged that the damages had been assessed in the manner prescribed, and also the amount of costs incurred by the party against whom the injunction had been obtained. For the faildre to make these' averments, the petition did not set forth facts sufficient to constitute a cause of action, and the demurrer was properly sustained.

Wherefore the judgment is affirmed.

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Bluebook (online)

7 Ky. Op. 530, 1874 Ky. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/house-v-moores-kyctapp-1874.