4 Ky. Op. 326

Winihister & Co. v. James W. Darnaby.

Attachment — Dismissal—Interlocutory Decree — Ré-instatement.

The discharge of an attachment, pendente lite;, is an interlocutory order, from which no appeal lies. It. can only be re-instated by application to and before a Judge of the Appellate Court.

APPEAL PROM PAYETTE CIRCUIT COURT.

December 9, 1870.

Carr, for appellant.

Breclcinridge, for appellee.

Opinion op the Court by

Judge Williams:

The discharge of the attachment pendente lite is only an interlocutory order, the remedy for which, if erroneous, was an application to an appellate judge for reinstatement as in case of an interlocutory dissolution of an injunction.,

. Wherefore, as this suit is still pending in the circuit court, the order discharging the attachment was not a final judgment revisable by this, court. Consequently the appeal from that order is dismissed for want of jurisdiction.

Winihister & Co. v. Darnaby
4 Ky. Op. 326

Case Details

Name
Winihister & Co. v. Darnaby
Decision Date
Dec 9, 1870
Citations

4 Ky. Op. 326

Jurisdiction
Kentucky

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