Walton v. Brashears

Court of Appeals of Kentucky

Walton v. Brashears

7 Ky. 18, 4 Bibb 18, 1815 Ky. LEXIS 19

DecidedApril 13, 1815

StatusPublished

This text of 7 Ky. 18 (Walton v. Brashears) 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

Walton v. Brashears, 7 Ky. 18, 4 Bibb 18, 1815 Ky. LEXIS 19 (Ky. Ct. App. 1815).

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Opinion

OPINION of the Court, by

Ch. J. Boyxe.

-This. is a writ of error to a judgment of the court below, overruling a motion to quash an execution which issued up.on a decree dismissing a bill filed by the plaintiff in error.against the defendant with costs. .The motion, to quash was made upon the ground that the clerk had taxed a lawyer’s fee for each defendant. That this may [19]*19be correctly done, in some-cases, ; we have no doubt. "Whether' it'was properly done in this instance, is, however, unnecessary to be decided;: for if it was not allowable, it was a clerical misprision, as was held in the case Uf Hubbard vs. Hite, (fall term, 1814,) and is amendable upon a motion for that purpose, but forms no ground for quashing the execution. The motion tq quash the- execution was correctly overruled,;

judgment affirmed with costs.

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OPINION of the Court, by

Ch. J. Boyxe.

-This. is a writ of error to a judgment of the court below, overruling a motion to quash an execution which issued up.on a decree dismissing a bill filed by the plaintiff in error.against the defendant with costs. .The motion, to quash was made upon the ground that the clerk had taxed a lawyer’s fee for each defendant. That this may [19]*19be correctly done, in some-cases, ; we have no doubt. "Whether' it'was properly done in this instance, is, however, unnecessary to be decided;: for if it was not allowable, it was a clerical misprision, as was held in the case Uf Hubbard vs. Hite, (fall term, 1814,) and is amendable upon a motion for that purpose, but forms no ground for quashing the execution. The motion tq quash the- execution was correctly overruled,;

judgment affirmed with costs.

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Bluebook (online)

7 Ky. 18, 4 Bibb 18, 1815 Ky. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walton-v-brashears-kyctapp-1815.