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3 Ky. 46

Craig v. Saven

Court of Appeals of Kentucky

Decided April 30, 1806

Court of Appeals of Kentucky · decided 1806-04-30

THIS was a writ of error brought to reverse a judgment of the court of quarter sessions of Gallatin. The return on the original capias was “ A copy left at the last place of residence of defendant on which an attachment issued, and was executed on a bay mare. Judgment was obtained by default; and an execution issued against the defendant, without any disposition being made of the property attached.

Decided 1806-04-30

¶1Opinion of the Court. — There are two errors in the proceedings on this suit. Judgment was obtained and a general execution levied on the estate of Craig, without releasing his goods which had been attached, or their having been replevied by him, or an order having been made for their sale. And there is a previous error ■ — the sheriff’s return on the original writ did not authorize an attachment; which, conformably to the principle recognised this term in the case Irons vs. Allen, should have been, that “the defendant is not found within his bailiwick.”

¶2Judgment reversed.

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