Weatherhead v. Cunningham

Court of Appeals of Kentucky

Weatherhead v. Cunningham

34 Ky. 78, 4 Dana 78, 1836 Ky. LEXIS 23

DecidedApril 14, 1836

StatusPublished

This text of 34 Ky. 78 (Weatherhead v. Cunningham) 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

Weatherhead v. Cunningham, 34 Ky. 78, 4 Dana 78, 1836 Ky. LEXIS 23 (Ky. Ct. App. 1836).

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Opinion

Chief Justice Robertson

delivered the Opinion of the Court.

As the record does not show, that there had been any service of the common order, the judgment by default for eviction, was therefore erroneous.

And as the liabere facias, had- been Returned executed, and a satisfaction of -the .judgment -had become a matter of record, the Circuit Court had no power to issue another [79]*79habere facias—and in doing so, also erred. 2, Dana, 52; 1, Marshall, 154; 3, Ib. 551; 7, Mon. 406; Adams on Ejectment 311; United States vs. Slaymaker; 4, C. C. U. S. Rep. of Ca. by Judge Washington.

Judgment reversed, and cause remanded.

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Chief Justice Robertson

delivered the Opinion of the Court.

As the record does not show, that there had been any service of the common order, the judgment by default for eviction, was therefore erroneous.

And as the liabere facias, had- been Returned executed, and a satisfaction of -the .judgment -had become a matter of record, the Circuit Court had no power to issue another [79]*79habere facias—and in doing so, also erred. 2, Dana, 52; 1, Marshall, 154; 3, Ib. 551; 7, Mon. 406; Adams on Ejectment 311; United States vs. Slaymaker; 4, C. C. U. S. Rep. of Ca. by Judge Washington.

Judgment reversed, and cause remanded.

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Bluebook (online)

34 Ky. 78, 4 Dana 78, 1836 Ky. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weatherhead-v-cunningham-kyctapp-1836.