Dunn's Exors. v. Thompson

Court of Appeals of Kentucky

Dunn's Exors. v. Thompson

3 Ky. Op. 635

DecidedJune 26, 1869

StatusPublished

This text of 3 Ky. Op. 635 (Dunn's Exors. v. Thompson) 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's Exors. v. Thompson, 3 Ky. Op. 635 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Hardin:

As the defendant, P. B. Thompson, offered to confess judgment, it seems to us the court properly required the plaintiff to elect to allow him to do so, or have the action dismissed as to him. And on the refusal of the plaintiff to elect or to accept of a judgment against Thompson, the action as to him was properly dismissed. Thompson’s testimony, which we regard as competent, clearly establishes such a mountain of debt as to release the appellees who did not assent to it, according to principles repeatedly recognized by this court.

Hardin, for appellant. J. B. & P. B. Thompson, for appellees.

Wherefore the judgment is affirmed.

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Opinion of the Court by

Judge Hardin:

As the defendant, P. B. Thompson, offered to confess judgment, it seems to us the court properly required the plaintiff to elect to allow him to do so, or have the action dismissed as to him. And on the refusal of the plaintiff to elect or to accept of a judgment against Thompson, the action as to him was properly dismissed. Thompson’s testimony, which we regard as competent, clearly establishes such a mountain of debt as to release the appellees who did not assent to it, according to principles repeatedly recognized by this court.

Hardin, for appellant. J. B. & P. B. Thompson, for appellees.

Wherefore the judgment is affirmed.

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Bluebook (online)

3 Ky. Op. 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunns-exors-v-thompson-kyctapp-1869.