Broadwell v. Everett

Court of Appeals of Kentucky

Broadwell v. Everett

29 Ky. 603, 6 J.J. Marsh. 603, 1831 Ky. LEXIS 273

DecidedOctober 25, 1831

StatusPublished

This text of 29 Ky. 603 (Broadwell v. Everett) 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

Broadwell v. Everett, 29 Ky. 603, 6 J.J. Marsh. 603, 1831 Ky. LEXIS 273 (Ky. Ct. App. 1831).

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Opinion

Chief Justice Robertson,

delivered the opinion of the court.

The county court, on motion, made an order for discharging Everett, as an apprentice, from Broadwell, as his master; on the ground (as suggested in the order) that Broadwell had not entered into such a covenant as the law required.

Nothing appears in the record, now before us, except the order and the reason assigned for it. But, as the proceeding purports to be one by an apprentice against his master and therefore the latter may be injured by the order, a notice to him was necessary unless he had waived it by an appearance, which he seems not to have done.

The order is, therefore, reversed and set aside, and the case remanded with instructions to dismiss the motion without prejudice.

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Chief Justice Robertson,

delivered the opinion of the court.

The county court, on motion, made an order for discharging Everett, as an apprentice, from Broadwell, as his master; on the ground (as suggested in the order) that Broadwell had not entered into such a covenant as the law required.

Nothing appears in the record, now before us, except the order and the reason assigned for it. But, as the proceeding purports to be one by an apprentice against his master and therefore the latter may be injured by the order, a notice to him was necessary unless he had waived it by an appearance, which he seems not to have done.

The order is, therefore, reversed and set aside, and the case remanded with instructions to dismiss the motion without prejudice.

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Bluebook (online)

29 Ky. 603, 6 J.J. Marsh. 603, 1831 Ky. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadwell-v-everett-kyctapp-1831.