Court of Appeals of Kentucky, 1871

Tracy v. Hornbuckle

Court of Appeals of Kentucky · Decided October 24, 1871 · Lindsay

71 Ky. 336; 8 Bush 336; 1871 Ky. LEXIS 57

Cases that cite this one

9 later published cases cite this decision.

B. B. Wilson Company v. Van Diver (Court of Appeals of Kentucky (pre-1976) 1929)
Foley Construction Company v. Ward (Court of Appeals of Kentucky (pre-1976) 1963)
Bank of Winnfield v. Brumfield (La. Ct. App. 1929)
Emes v. Fowler (City of New York Municipal Court 1904)
Foley v. Shriver (Va. 1886)
Tate v. Salmon (Ky. Ct. App. 1881)
Rodman v. Musselman (Ky. Ct. App. 1876)
Clark v. Lee's Assignee (Ky. Ct. App. 1875)
Hanks v. Stewart (Ky. Ct. App. 1873)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

JUDGE LINDSAY

delivered the opinion oe the court.

The amount due to appellee as the teacher of a common school could not be attached in the hands of a school com*337missioner. Sucb funds were due from tbe state to one of its employees, and, as tbe state can not be sued nor made a garnishee, parties will not be allowed to evade this inhibition by ignoring the state in their suits and proceeding directly against the public officer having the custody of the moneys sought to be reached.

The testimony of the two sons of Mrs. Hornbuckle, to the effect that the land conveyed to their mother was purchased with moneys earned by them, is indefinite and to some degree unsatisfactory; but as they testify positively to this fact, and are neither contradicted nor discredited, the circuit judge could not disregard their evidence.

The judgment of the circuit court must be affirmed.

Inasmuch as the clerk of the circuit failed to index this record, no fee shall be taxed in his favor for making out the transcript.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.