Dunn v. Dunn

Court of Appeals of Kentucky

Dunn v. Dunn

24 Ky. 585, 1 J.J. Marsh. 585, 1829 Ky. LEXIS 350

DecidedJune 17, 1829

StatusPublished

This text of 24 Ky. 585 (Dunn v. Dunn) 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

Dunn v. Dunn, 24 Ky. 585, 1 J.J. Marsh. 585, 1829 Ky. LEXIS 350 (Ky. Ct. App. 1829).

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Opinion

Judge Underwood

delivered the opinion of the Court.

It was irregular to permit an amendatory answer to be filed in the progress of the trial, and then to proceed with it without giving the complainant an opportunity to contest the matter of the answer; and had it been shown in this case, that the complainant had been prejudiced by it, we should have reversed the decree. But without the amendatory answer the court should have decreed for the defendants, upon the state of the pleadings and proof.

Decree affirmed with costs.

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Judge Underwood

delivered the opinion of the Court.

It was irregular to permit an amendatory answer to be filed in the progress of the trial, and then to proceed with it without giving the complainant an opportunity to contest the matter of the answer; and had it been shown in this case, that the complainant had been prejudiced by it, we should have reversed the decree. But without the amendatory answer the court should have decreed for the defendants, upon the state of the pleadings and proof.

Decree affirmed with costs.

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Bluebook (online)

24 Ky. 585, 1 J.J. Marsh. 585, 1829 Ky. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-dunn-kyctapp-1829.