Kentucky Opinions; Containing the Unreported Opinions of the Court of Appeals Volume 13

Kentucky Opinions; Containing the Unreported Opinions of the Court of Appeals Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...released from his original undertaking and his attorney relying upon the justice of his plea maintains the right of his client to be released and to prevent his property from being sold, made the court order by which the executions were stayed and the property of the surety released from the grasp of the sheriff until the defense of the surety could be determined by this court. It was to release the surety from the liability that the consent order was made. The attorney had the right to consent that the case might be continued and certainly this could not be said to have placed upon the surety a liability other than that already existing. All that has been done is the consent of the plaintiff to uphold his executions until the defense was heard. It was an order that the attorney had the right to have entered and was for the benefit of the surety. The judgment in this case must be reversed and the cause remanded with directions to dissolve the injunction as to all the sale bonds but the first, and as to that, the injunction should be made perpetual. Wrightson is liable for the entire debt and is liable for the costs so far as he is concerned. As between Park and Cline each party will Pay his own costs in this court. Execution will go against Park on all the bonds, but: the first. Cause remanded for proceedings consistent with this opinion. The judgment on the appeal of Park and Wrightson are each affirmed as to Wrightson. judgment aflirmcd. C. L. Raison, O'Hara 9 Bryan, for Park. Nelson S-Wa.rhi11gton, C. J. Helm, for Cline. Cited, Bradley 1/. Georgetown, 118 Ky. 737, 26 Ky. L. 614, 82 S. VV. 303. Duty of Trial Court to Carry Out the Orders of the Court of Appeals. Vhere a cause is reversed by the Court of Appeals and remanded more

Product details

  • Paperback | 446 pages
  • 189 x 246 x 23mm | 789g
  • United States
  • English
  • black & white illustrations
  • 1236837657
  • 9781236837653