Knowles v. Burns

Court of Appeals of Kentucky

Knowles v. Burns

7 Ky. Op. 70, 1873 Ky. LEXIS 424

DecidedSeptember 6, 1873

StatusPublished

This text of 7 Ky. Op. 70 (Knowles v. Burns) 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

Knowles v. Burns, 7 Ky. Op. 70, 1873 Ky. LEXIS 424 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Lindsay :

The evidence wholly fails to sustain either of the grounds of attachment. The transfer to Cox, made in May, 1872, may have been made in the best of faith. As a matter of law good faith must be presumed, and in the absence of all proof tending to rebut this presumption, it should have prevailed. This conclusion renders it unnecessary that the questions touching the right of the clerk to- issue the order of attachment shall be considered.

Upon the proof, the order of attachment should have been discharged, hence the judgment sustaining it must be reversed.

The cause is remanded for proceedings consistent herewith.

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Opinion by

Judge Lindsay :

The evidence wholly fails to sustain either of the grounds of attachment. The transfer to Cox, made in May, 1872, may have been made in the best of faith. As a matter of law good faith must be presumed, and in the absence of all proof tending to rebut this presumption, it should have prevailed. This conclusion renders it unnecessary that the questions touching the right of the clerk to- issue the order of attachment shall be considered.

Upon the proof, the order of attachment should have been discharged, hence the judgment sustaining it must be reversed.

The cause is remanded for proceedings consistent herewith.

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Bluebook (online)

7 Ky. Op. 70, 1873 Ky. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knowles-v-burns-kyctapp-1873.