Court of Appeals of Kentucky, 1869

Fellows & Co. v. Day

Fellows & Co. v. Day
Court of Appeals of Kentucky · Decided October 6, 1869 · Robertson
68 Ky. 666; 5 Bush 666; 1869 Ky. LEXIS 76

Fellows & Co. v. Day

Opinion of the Court

JUDGE ROBERTSON

delivehed the opikion oe the coukt:

On enjoining a judgment which had been obtained by the appellants against him, the appellee executed a *667sufficient injunction bond, and obtained the relief sought by his petition. The appellants, being non-residents, urge a reversal, on the ground that the bond prescribed by sub-section 2, of section 440, of the Civil Code> was not also given. But that provision applies only to cases of attachment of property of non-appearing nonresidents only constructively summoned; and the- sole object of such bond is to secure the restoration of the property in a certain event.

In all cases of mere injunction of a judgment, the ordinary injunction bond affords all the security required by the. law.

"Wherefore, the judgment is affirmed.

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