Cecil v. Gardner

Court of Appeals of Kentucky

Cecil v. Gardner

5 Ky. Op. 21, 1872 Ky. LEXIS 162

DecidedFebruary 22, 1872

StatusPublished

This text of 5 Ky. Op. 21 (Cecil v. Gardner) 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

Cecil v. Gardner, 5 Ky. Op. 21, 1872 Ky. LEXIS 162 (Ky. Ct. App. 1872).

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Opinion

Opinion of the Court by

Judge Pryor:

If the proceeding by motion to recover of the appellant was erroneous (which we do not decide) the appearance of the appellant to the motion and upon the hearing making the same defense that could have been made in a suit upon the bond without interposing any objection whatever, until judgment was rendered against him is a waiver of all the objections that he is now making for the first time in this court. There is no- proof of either fraud or mistake in the execution of the bond. The judgment of the court below is affirmed.

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Opinion of the Court by

Judge Pryor:

If the proceeding by motion to recover of the appellant was erroneous (which we do not decide) the appearance of the appellant to the motion and upon the hearing making the same defense that could have been made in a suit upon the bond without interposing any objection whatever, until judgment was rendered against him is a waiver of all the objections that he is now making for the first time in this court. There is no- proof of either fraud or mistake in the execution of the bond. The judgment of the court below is affirmed.

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Bluebook (online)

5 Ky. Op. 21, 1872 Ky. LEXIS 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cecil-v-gardner-kyctapp-1872.