Court of Appeals of Kentucky, 1818

Stephens v. Chiles

Stephens v. Chiles
Court of Appeals of Kentucky · Decided October 14, 1818 · Chiles, Entitled, Entry, Had, Restitution, Right, That, Warrant
8 Ky. 334; 1 A.K. Marsh. 334; 1818 Ky. LEXIS 128

Stephens v. Chiles

Opinion of the Court

The Chief Justice

delivered the opinion of the court.

We are of opinion that the circuit court erred in this case, in sustaining the motion of Chiles for a restitution of the premises, inasmuch as it appeared he was in full pur» suit of another remedy, which he has a right to maintain.

The judgment awarding restitution, must be reversed with costs, and the cause remanded, that the motion may be dismissed with costs.

[Judge Logan thought Chiles was entitled to restitution, and that he had not abandoned that right by the warrant of forcible entry j

Case-law data current through December 31, 2025. Source: CourtListener bulk data.