Claybrook v. Jones

Court of Appeals of Kentucky

Claybrook v. Jones

4 Ky. Op. 695, 1872 Ky. LEXIS 149

DecidedFebruary 1, 1872

StatusPublished

This text of 4 Ky. Op. 695 (Claybrook v. Jones) 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

Claybrook v. Jones, 4 Ky. Op. 695, 1872 Ky. LEXIS 149 (Ky. Ct. App. 1872).

Pincite

Opinion

Opinion op the Court by

Judge Pryor:

It does not appear from anything in the record that the summons said to have been executed upon the appellant in Washington county was ever lost. In the absence of such proof the entry by the clerk on his docket as to the service is not evidence. The court had no right to render a judgment upon the summons on the defendant out of the county where this suit was instituted. Judgment reversed and cause remanded with directions to set aside the judgment and for further proceedings consistent herewith.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion op the Court by

Judge Pryor:

It does not appear from anything in the record that the summons said to have been executed upon the appellant in Washington county was ever lost. In the absence of such proof the entry by the clerk on his docket as to the service is not evidence. The court had no right to render a judgment upon the summons on the defendant out of the county where this suit was instituted. Judgment reversed and cause remanded with directions to set aside the judgment and for further proceedings consistent herewith.

Cite This Page — Counsel Stack

Bluebook (online)

4 Ky. Op. 695, 1872 Ky. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claybrook-v-jones-kyctapp-1872.