Carrington's v. Combs

Court of Appeals of Kentucky

Carrington's v. Combs

26 Ky. 308, 3 J.J. Marsh. 308, 1830 Ky. LEXIS 58

DecidedJanuary 18, 1830

StatusPublished

This text of 26 Ky. 308 (Carrington's v. Combs) 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

Carrington's v. Combs, 26 Ky. 308, 3 J.J. Marsh. 308, 1830 Ky. LEXIS 58 (Ky. Ct. App. 1830).

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Opinion

Judge Buckner

delivered the opinion of the Court.

Combs sued Carrington in an action of covenant broken, and obtained a verdict for $1$ 12 Í-2 cents, in damages,.on which, the circuit court rendered a judgment for said sum and costs, against Carrington, to reverse which* be prosecutes this writ of error<

The judgment for costs, was evidently erroneous, as no plea or notice of set-off, or other defence reiied on, which brought the case within the proviso of the acts of 1827, page 228.

It must, therefore, be reversed, and the cause re" manded, with directions, that further proceedings be had, not inconsistent with this opinion.

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Judge Buckner

delivered the opinion of the Court.

Combs sued Carrington in an action of covenant broken, and obtained a verdict for $1$ 12 Í-2 cents, in damages,.on which, the circuit court rendered a judgment for said sum and costs, against Carrington, to reverse which* be prosecutes this writ of error<

The judgment for costs, was evidently erroneous, as no plea or notice of set-off, or other defence reiied on, which brought the case within the proviso of the acts of 1827, page 228.

It must, therefore, be reversed, and the cause re" manded, with directions, that further proceedings be had, not inconsistent with this opinion.

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Bluebook (online)

26 Ky. 308, 3 J.J. Marsh. 308, 1830 Ky. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carringtons-v-combs-kyctapp-1830.