Brackett v. Adams

Court of Appeals of Kentucky

Brackett v. Adams

5 Ky. Op. 71, 1872 Ky. LEXIS 200

DecidedMarch 15, 1872

StatusPublished

This text of 5 Ky. Op. 71 (Brackett v. Adams) 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

Brackett v. Adams, 5 Ky. Op. 71, 1872 Ky. LEXIS 200 (Ky. Ct. App. 1872).

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Opinion

Opinion of the Court by

Judge Hardin :

The petition alleges, in effect, the execution and delivery to the plaintiff by the defendant of a promissory note for, $73.99, and that in that sum the defendant was indebted to the plaintiff. [72]*72These averments, in our opinion, constituted a good cause of action, the facts alleged being admitted by the demurrer.

Farmer, for appellant. Adams, for appellee.

A note corresponding to that described in the petition is copied in the record; but it is not made a part of the petition, nor does the record show whether it was filed with the petition or not; but although the note should have been exhibited by a reference to it in the petition, showing it to have been filed with it, the omission was not a ground of demurrer, for notwithstanding it the petition started facts constituting á cause of action.. Burt the appropriate remedy of the defendant was a rule to compel the production of the note, or on failure to do so, or properly account for the non-production, of the note, to dismiss the action.

The defendant having, however, relied alone on a general demurrer to the petition, we concur in the action of the court below in overruling it.

Wherefore the judgment is affirmed.

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Opinion of the Court by

Judge Hardin :

The petition alleges, in effect, the execution and delivery to the plaintiff by the defendant of a promissory note for, $73.99, and that in that sum the defendant was indebted to the plaintiff. [72]*72These averments, in our opinion, constituted a good cause of action, the facts alleged being admitted by the demurrer.

Farmer, for appellant. Adams, for appellee.

A note corresponding to that described in the petition is copied in the record; but it is not made a part of the petition, nor does the record show whether it was filed with the petition or not; but although the note should have been exhibited by a reference to it in the petition, showing it to have been filed with it, the omission was not a ground of demurrer, for notwithstanding it the petition started facts constituting á cause of action.. Burt the appropriate remedy of the defendant was a rule to compel the production of the note, or on failure to do so, or properly account for the non-production, of the note, to dismiss the action.

The defendant having, however, relied alone on a general demurrer to the petition, we concur in the action of the court below in overruling it.

Wherefore the judgment is affirmed.

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Bluebook (online)

5 Ky. Op. 71, 1872 Ky. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brackett-v-adams-kyctapp-1872.