Scale v. Chambers

Court of Appeals of Kentucky

Scale v. Chambers

2 Ky. Op. 201, 1868 Ky. LEXIS 328

DecidedJune 8, 1868

StatusPublished

This text of 2 Ky. Op. 201 (Scale v. Chambers) 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

Scale v. Chambers, 2 Ky. Op. 201, 1868 Ky. LEXIS 328 (Ky. Ct. App. 1868).

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Opinion

Opinion op the Court by

Judge Hardin;

The petition in this case alleges the apparently unauthorized and unlawful seizure and removal or conversion of the appellant’s property by Confederate soldiers and the appellee and Camood, who are not alleged to have been soldiers but citizens of Owsley county, were at the time aiding, inciting and advising the same and that they directly and indirectly participated in said seizure and removal of the property and aided therein.

These facts, .if true, constituted a valid cause of action against the appellee, and in our opinion therefore the court erred in sustaining the general demurrer of the defendant and in dismissing the petition.

Wherefore the judgment is reversed and the cause remanded for further proceedings not inconsistent with this opinion.

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Opinion op the Court by

Judge Hardin;

The petition in this case alleges the apparently unauthorized and unlawful seizure and removal or conversion of the appellant’s property by Confederate soldiers and the appellee and Camood, who are not alleged to have been soldiers but citizens of Owsley county, were at the time aiding, inciting and advising the same and that they directly and indirectly participated in said seizure and removal of the property and aided therein.

These facts, .if true, constituted a valid cause of action against the appellee, and in our opinion therefore the court erred in sustaining the general demurrer of the defendant and in dismissing the petition.

Wherefore the judgment is reversed and the cause remanded for further proceedings not inconsistent with this opinion.

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Bluebook (online)

2 Ky. Op. 201, 1868 Ky. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scale-v-chambers-kyctapp-1868.