Shipp v. Davis

Decided October 23, 1806

Court of Appeals of Kentucky · decided 1806-10-23

AN attachment was obtained Irom a justice of the peace by''Üavís against Shipp. It stated, “ That the said John Shipp hath privately removed himself out of this county ; or so absconds and conceals himself that the ordinary process Of law cannot be served on him.” A judgment was given on this attachment for the plaintiff. Shipp brought this writ of error to reverse that judgment.

Decided 1806-10-23

¶1• Opinion of the Court. — -It is assigned as errors that'“ the complaint on which the attachment is founded is illegal and does not pursue the act of’assembly, in as much as it is not positive, but alternative — not alleging positively, either that the defendant below was moving Out of the county privately, or that he so absconded ánd concealed himself that the ordinary process of law could not be served upon him.” This seems to be a material defect; and on the authority of the case Cooper vs. Logan (a), and some others decided in this court; the attachment ought to have been quashed.”

¶2judgment reversed.*

¶3 Pctober 1803, pr. Dec. 320.

¶4 See thé next cafe* alfo thé café of M'Daniel vs. Sappington, poft, ánd the cates there cited.