Porter v. Griffin

• Citation: 143 Ky. 138,136 S.W. 130
• Parties: PORTER et al. v. GRIFFIN.
• Decision Date: 13 April 1911
• Court: Court of Appeals of Kentucky

136 S.W. 130

143 Ky. 138

PORTER et al. v. GRIFFIN.

Court of Appeals of Kentucky.

April 13, 1911

Appeal from Circuit Court, Jefferson County, Common Pleas Branch Second Division.

Action by George E. Porter and another against F. W. Griflin to recover money loaned, with application for the defendant's arrest. On motion granted by the circuit court, under Civ. Code Prac. § 177, to vacate an order for defendant's arrest and to relieve him from imprisonment plaintiffs appeal. Appeal dismissed.

Jas. R Duffin and Burton Vance, for appellants.

D. R. Castleman and Pryor & Castleman, for appellee.

CLAY C.

The appellants, George E. Porter and Curtis J. Hebert, doing business under the firm name of George E. Porter & Co., brought this action against F. W. Griffin to recover the sum of $351.05, which they alleged they had loaned and advanced to appellee, and which he had agreed to pay. At the same time appellants made the necessary affidavits and obtained from the circuit clerk an order of arrest. Appellee was arrested and committed to jail. On the following day his counsel gave notice to appellants, and made a motion before the circuit judge, as provided by section 177 of the Code, to vacate the order of arrest and release appellee from imprisonment. At the time of his arrest there was found upon appellee $8.67 in cash, $16 worth of mileage tickets, and a gold watch of the probable value of $50. Upon the hearing of the motion to vacate the order of arrest, the motion was sustained, and appellee discharged from further custody. From the judgment so entered, this appeal is prosecuted.

Section 177 of the Code is as follows: "A defendant, against whom an order of arrest has been obtained, may, at any time before judgment is in the action, and before a decision of a motion on account of the insufficiency of the bail, apply to the court, or, in vacation before executing a bail bond, to the judge thereof, or to any circuit judge, or to the presiding judge of the county court, to vacate the order of arrest, or to reduce the amount of bail. Reasonable notice of the application shall be given to the plaintiff. If satisfied that the bail ought not to have been required, or that the sum for which it was demanded is too large, the court, or judge, may vacate the order of arrest, or reduce the amount of bail. The decision of the motion shall be final in the action, but shall not affect the rights of the parties in...