Bliss v. Covington & Lexington Turnpike Co.

Court of Appeals of Kentucky

Bliss v. Covington & Lexington Turnpike Co.

39 Ky. 265, 9 Dana 265, 1840 Ky. LEXIS 4

DecidedApril 15, 1840

StatusPublished

This text of 39 Ky. 265 (Bliss v. Covington & Lexington Turnpike Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bliss v. Covington & Lexington Turnpike Co., 39 Ky. 265, 9 Dana 265, 1840 Ky. LEXIS 4 (Ky. Ct. App. 1840).

Pincite

Opinion

The Chief Justice

delivered the Opinion of the Court

There can be no doubt that the Justice of the Peace had jurisdiction of the amount due on the covenant in this case.

Nor have we any doubt that, as the covenant was in existence, and within the power of the plaintiff in the action, when the suit was commenced, the accidental destruction of it by burning, pendente lite, did not oust the common law court of jurisdiction, even if it should be conceded that here now, where profert is not essential, an action at law cannot be maintained on a covenant lost at the date of the writ.

Wherefore, the judgment is affirmed.

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The Chief Justice

delivered the Opinion of the Court

There can be no doubt that the Justice of the Peace had jurisdiction of the amount due on the covenant in this case.

Nor have we any doubt that, as the covenant was in existence, and within the power of the plaintiff in the action, when the suit was commenced, the accidental destruction of it by burning, pendente lite, did not oust the common law court of jurisdiction, even if it should be conceded that here now, where profert is not essential, an action at law cannot be maintained on a covenant lost at the date of the writ.

Wherefore, the judgment is affirmed.

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Bluebook (online)

39 Ky. 265, 9 Dana 265, 1840 Ky. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bliss-v-covington-lexington-turnpike-co-kyctapp-1840.