Iron's Ex'x v. Callard

Court of Appeals of Kentucky

Iron's Ex'x v. Callard

8 Ky. 423, 1 A.K. Marsh. 423, 1819 Ky. LEXIS 2

DecidedApril 7, 1819

StatusPublished

This text of 8 Ky. 423 (Iron's Ex'x v. Callard) 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

Iron's Ex'x v. Callard, 8 Ky. 423, 1 A.K. Marsh. 423, 1819 Ky. LEXIS 2 (Ky. Ct. App. 1819).

Pincite

Opinion

The Chief Justice

delivered the opinion of the court.

This is a writ of error to a judgment quashing an execution and sale, and the subsequent proceedings thereon. We can perceive no error apparent on the face of the execution, and if it were quashed for matter de hors the record, the motion to quash should have been founded on a notice to the plaintiff in the execution, unless the want of notice had been waived by an appearance; but in this case there was no notice to the plaintiff, nor was there any appearance on his part.

Judgment reversed with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

The Chief Justice

delivered the opinion of the court.

This is a writ of error to a judgment quashing an execution and sale, and the subsequent proceedings thereon. We can perceive no error apparent on the face of the execution, and if it were quashed for matter de hors the record, the motion to quash should have been founded on a notice to the plaintiff in the execution, unless the want of notice had been waived by an appearance; but in this case there was no notice to the plaintiff, nor was there any appearance on his part.

Judgment reversed with costs.

Cite This Page — Counsel Stack

Bluebook (online)

8 Ky. 423, 1 A.K. Marsh. 423, 1819 Ky. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irons-exx-v-callard-kyctapp-1819.