Ultz v. Sams

Court of Appeals of Kentucky

Ultz v. Sams

5 Ky. Op. 702, 1872 Ky. LEXIS 328

DecidedSeptember 6, 1872

StatusPublished

This text of 5 Ky. Op. 702 (Ultz v. Sams) 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

Ultz v. Sams, 5 Ky. Op. 702, 1872 Ky. LEXIS 328 (Ky. Ct. App. 1872).

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Opinion

Opinion by

Judge Lindsay :

The petition in this case fails to allege that the order of attachment under which appellant’s property was seized had been discharged or in any way finally disposed of. It follows, therefore, that no cause of action is set out. To allow a proceeding of this kind might result in a judgment in favor of appellants for damages for wrongful seizure of his property, and afterwards the justice who had jurisdiction of the same question might decide that the attachment had been rightfully sued out and the seizure properly made.

J. B. White, for appellcmt. Riddle & Fluty, for appellee.

The judgment of the Circuit Court is manifestly right and must be affirmed.

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Opinion by

Judge Lindsay :

The petition in this case fails to allege that the order of attachment under which appellant’s property was seized had been discharged or in any way finally disposed of. It follows, therefore, that no cause of action is set out. To allow a proceeding of this kind might result in a judgment in favor of appellants for damages for wrongful seizure of his property, and afterwards the justice who had jurisdiction of the same question might decide that the attachment had been rightfully sued out and the seizure properly made.

J. B. White, for appellcmt. Riddle & Fluty, for appellee.

The judgment of the Circuit Court is manifestly right and must be affirmed.

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Bluebook (online)

5 Ky. Op. 702, 1872 Ky. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ultz-v-sams-kyctapp-1872.