Morrel v. Barner

Court of Appeals of Kentucky

Morrel v. Barner

14 Ky. 10, 4 Litt. 10, 1823 Ky. LEXIS 123

DecidedOctober 7, 1823

StatusPublished

This text of 14 Ky. 10 (Morrel v. Barner) 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

Morrel v. Barner, 14 Ky. 10, 4 Litt. 10, 1823 Ky. LEXIS 123 (Ky. Ct. App. 1823).

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Opinion

Opinion op the Court, by

Judge Mills.

2 3 c-f- (t, O £ C3 O cr co O CD 3 2. S3 C3 -« to C5 -C O rj c O -w £3 to § C2 §3 ri 'TS O .2* P cr P o gj*f o* [11]*11•‘'error 'coram vobis, One, at least, of the errors assi-gn-''éd' in'that court, if true, was sufficient to quash the execution and bond, to. wit, that the execution issued against’two persons, both of whom had joined in the re-plevin, when the original judgment'was against one only. - There is no exception tothe opinion of the court-, nor is the judgment produced to show that this error is false." Of-course, we must’presume thqtthe court be-ibw.did right in deciding'as it'has done.,

The court of-appeals must presume that error sufficient in law to hare quashed an execution, did not exist in fact, if the inferior court overruled the motion to quash, & the transcript of the record does not show that the error tsxistqd in. fact.

''Tfie judgment must, therefore, be-affirmed with costs.

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Opinion op the Court, by

Judge Mills.

2 3 c-f- (t, O £ C3 O cr co O CD 3 2. S3 C3 -« to C5 -C O rj c O -w £3 to § C2 §3 ri 'TS O .2* P cr P o gj*f o* [11]*11•‘'error 'coram vobis, One, at least, of the errors assi-gn-''éd' in'that court, if true, was sufficient to quash the execution and bond, to. wit, that the execution issued against’two persons, both of whom had joined in the re-plevin, when the original judgment'was against one only. - There is no exception tothe opinion of the court-, nor is the judgment produced to show that this error is false." Of-course, we must’presume thqtthe court be-ibw.did right in deciding'as it'has done.,

The court of-appeals must presume that error sufficient in law to hare quashed an execution, did not exist in fact, if the inferior court overruled the motion to quash, & the transcript of the record does not show that the error tsxistqd in. fact.

''Tfie judgment must, therefore, be-affirmed with costs.

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Bluebook (online)

14 Ky. 10, 4 Litt. 10, 1823 Ky. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrel-v-barner-kyctapp-1823.