Pollard v. Pollard

Court of Appeals of Kentucky

Pollard v. Pollard

18 Ky. 16, 2 T.B. Mon. 16, 1825 Ky. LEXIS 8

DecidedApril 26, 1825

StatusPublished

This text of 18 Ky. 16 (Pollard v. Pollard) 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

Pollard v. Pollard, 18 Ky. 16, 2 T.B. Mon. 16, 1825 Ky. LEXIS 8 (Ky. Ct. App. 1825).

Pincite

Opinion

Judge Haggin

delivered th'é opinion of the.Court.

IN September 1815, Joseph Pollard confessed á judgment in the Shelby circuit court, to Benjamin Pollard, with a provision that “ the execution should be staye¿ until directions might be given for its emanation, by Thomas Pollard;” and at the Juné term 1823, on the motion of Benjamin Pollard, an order was made by the for execution, stating that Thomas had never ordered process; that he had departed this life, that Benjamin had administered on his estate, Execution issued accordingly, and the assignment of error questions the regularity of this order,

Whatever may have been the motive of the parties in giving this superintendence and control of, the execu-^on 1° Thomas Pollard, and whatever may be the legal operation of that provision, it still seems to this court that it was inadmissible, after so great a lapse of time, Up0n the motion of the plaintiff, without process or notice to the defendant^ to make the order.

Reversed with costs.

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Judge Haggin

delivered th'é opinion of the.Court.

IN September 1815, Joseph Pollard confessed á judgment in the Shelby circuit court, to Benjamin Pollard, with a provision that “ the execution should be staye¿ until directions might be given for its emanation, by Thomas Pollard;” and at the Juné term 1823, on the motion of Benjamin Pollard, an order was made by the for execution, stating that Thomas had never ordered process; that he had departed this life, that Benjamin had administered on his estate, Execution issued accordingly, and the assignment of error questions the regularity of this order,

Whatever may have been the motive of the parties in giving this superintendence and control of, the execu-^on 1° Thomas Pollard, and whatever may be the legal operation of that provision, it still seems to this court that it was inadmissible, after so great a lapse of time, Up0n the motion of the plaintiff, without process or notice to the defendant^ to make the order.

Reversed with costs.

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Bluebook (online)

18 Ky. 16, 2 T.B. Mon. 16, 1825 Ky. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollard-v-pollard-kyctapp-1825.