October 5, 2012

Anderson, etc., v. Perkins, Rockcastle, 1827

ANDERSON, ETC., v. PERKINS.--MOTION.

COURT OF APPEALS OF KENTUCKY

22 Ky. 77; 1827 Ky. LEXIS 234; 6 T.B. Mon. 77

October 23, 1827, Decided

PRIOR HISTORY:  [**1]  Error to the Rockcastle Circuit; Joseph Eve, Judge. 

DISPOSITION: Judgment reversed with costs, and cause remanded, with directions. 

COUNSEL: Triplett, for plaintiff; Mayes, for defendant. 

JUDGES: JUDGE MILLS. 

OPINION BY: MILLS 

OPINION

 [*77]  OPINION OF THE COURT, BY JUDGE MILLS.

On a note given expressly, payable in commonwealth's paper, the plaintiff below proceeded under the act of assembly, to recover the amount specifically in paper, and after judgment, execution issued indorsed accordingly. The sheriff took a replevin bond, not payable in paper, but in dollars only.  [*78]  The obligors of this bond moved to quash it, and the court overruled the motion, from which the obligors have appealed.

The act of assembly under which these proceedings were had, allows the plaintiff to take his judgment, expressly payable in paper of the bank of the commonwealth; directs that the execution shall be so indorsed, and that the sheriff shall take the bond, payable in paper, and this bond was certainly invalid when taken otherwise, especially as it bound the obligors to pay more than they were bound to pay, and for this reason the bond ought to be quashed.

Judgment reversed with costs, and cause remanded, with directions [**2]  to quash the bond with costs.

No comments:

Related Posts Plugin for WordPress, Blogger...