Stephens v. Chiles

Court of Appeals of Kentucky

Stephens v. Chiles

8 Ky. 334, 1 A.K. Marsh. 334, 1818 Ky. LEXIS 128

DecidedOctober 14, 1818

StatusPublished

This text of 8 Ky. 334 (Stephens v. Chiles) 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

Stephens v. Chiles, 8 Ky. 334, 1 A.K. Marsh. 334, 1818 Ky. LEXIS 128 (Ky. Ct. App. 1818).

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Opinion

The Chief Justice

delivered the opinion of the court.

We are of opinion that the circuit court erred in this case, in sustaining the motion of Chiles for a restitution of the premises, inasmuch as it appeared he was in full pur» suit of another remedy, which he has a right to maintain.

The judgment awarding restitution, must be reversed with costs, and the cause remanded, that the motion may be dismissed with costs.

[Judge Logan thought Chiles was entitled to restitution, and that he had not abandoned that right by the warrant of forcible entry j

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The Chief Justice

delivered the opinion of the court.

We are of opinion that the circuit court erred in this case, in sustaining the motion of Chiles for a restitution of the premises, inasmuch as it appeared he was in full pur» suit of another remedy, which he has a right to maintain.

The judgment awarding restitution, must be reversed with costs, and the cause remanded, that the motion may be dismissed with costs.

[Judge Logan thought Chiles was entitled to restitution, and that he had not abandoned that right by the warrant of forcible entry j

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Bluebook (online)

8 Ky. 334, 1 A.K. Marsh. 334, 1818 Ky. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-chiles-kyctapp-1818.