Winihister & Co. v. Darnaby

Court of Appeals of Kentucky

Winihister & Co. v. Darnaby

4 Ky. Op. 326, 1870 Ky. LEXIS 352

DecidedDecember 9, 1870

StatusPublished

This text of 4 Ky. Op. 326 (Winihister & Co. v. Darnaby) 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

Winihister & Co. v. Darnaby, 4 Ky. Op. 326, 1870 Ky. LEXIS 352 (Ky. Ct. App. 1870).

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Opinion

Opinion op the Court by

Judge Williams:

The discharge of the attachment pendente lite is only an interlocutory order, the remedy for which, if erroneous, was an application to an appellate judge for reinstatement as in case of an interlocutory dissolution of an injunction.,

. Wherefore, as this suit is still pending in the circuit court, the order discharging the attachment was not a final judgment revisable by this, court. Consequently the appeal from that order is dismissed for want of jurisdiction.

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Opinion op the Court by

Judge Williams:

The discharge of the attachment pendente lite is only an interlocutory order, the remedy for which, if erroneous, was an application to an appellate judge for reinstatement as in case of an interlocutory dissolution of an injunction.,

. Wherefore, as this suit is still pending in the circuit court, the order discharging the attachment was not a final judgment revisable by this, court. Consequently the appeal from that order is dismissed for want of jurisdiction.

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Bluebook (online)

4 Ky. Op. 326, 1870 Ky. LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winihister-co-v-darnaby-kyctapp-1870.