42 Ky. 562 | Ky. Ct. App. | 1843
delivered the opinion of the Court. — Judge Beeok not sit in this ease.
Since the abolition of imprisonment for debt, a cred-lay hold of his debtor and prevent him from Jr. . J , „ r., a support for himself and family by his daily labor. He may, by the aid of the Chancellor, attach whatever may be due to his debtor, for labor already performed, and he may attach whatever may become due upon an existing contract for his future labor:, but neither ihe creditor nor the Chancellor can compel the debt-' or t0 work out his part of such a contract, so as to earn
But, in the present case, we cannot find in the pleadings and proof such evidence of fraud in the new rangement, by which Schuyler Ford, after refusing, u being served with the attachment, to go on with the wo came back again and completed it under the employ, of J. J. Ford, who had contracted with Teeter for its pletion, as would authorize the Court to regard the w^1 as having been in fact done under the original contract^ unless it were admitted, as it cannot be, that Teeter was under some obligation to the attaching creditors of S. Ford, to compel him to go on with the work ; or, that after S. Ford had abandoned his contract and quit the work, because, as he said, he could not stand to have the proceeds of his labor taken from him in that way, Teeter
Wherefore, the decree is reversed, and the cause remanded, with directions to render a decree in favor of the complainant against Teeter, for fifty dollars, out of which so much of the costs as belong to the' controversy between them should be paid.