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7 Ky. 18

Walton v. Brashears

Court of Appeals of Kentucky

Decided April 13, 1815

Court of Appeals of Kentucky · decided 1815-04-13

<p>If the taxa. tion of cofta be erroneous, it may be corredt* ed on motion 4</p> <p>But it is not caufe for quaih. ing the execu-</p>

Decided 1815-04-13

¶1OPINION of the Court, by

Ch. J. Boyxe.

¶2-This. is a writ of error to a judgment of the court below, overruling a motion to quash an execution which issued up.on a decree dismissing a bill filed by the plaintiff in error.against the defendant with costs. .The motion, to quash was made upon the ground that the clerk had taxed a lawyer’s fee for each defendant. That this may *19be correctly done, in some-cases, ; we have no doubt. "Whether' it'was properly done in this instance, is, however, unnecessary to be decided;: for if it was not allowable, it was a clerical misprision, as was held in the case Uf Hubbard vs. Hite, (fall term, 1814,) and is amendable upon a motion for that purpose, but forms no ground for quashing the execution. The motion tq quash the- execution was correctly overruled,;

¶3judgment affirmed with costs.

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