Edmonson v. Summers

Court of Appeals of Kentucky

Edmonson v. Summers

2 Ky. Op. 143, 1868 Ky. LEXIS 307

DecidedJanuary 10, 1868

StatusPublished

This text of 2 Ky. Op. 143 (Edmonson v. Summers) 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.

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Edmonson v. Summers, 2 Ky. Op. 143, 1868 Ky. LEXIS 307 (Ky. Ct. App. 1868).

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Opinion

Opinion op the Court by

Judge Bobertson :

In this- suit for a devastavit tbe petition neither alleges the amount of assets nor it’s sufficiency to pay the debt sued for. The petition leaves the amount blank and refers to the appraisement and sale bills to show it’s sufficiency. But neither of these documents was filed. • The judgment by default against the surety, who was the only party served with a summons, was unauthorized by the record as presented to this court. The judgment is therefore apparently erroneous.

Wherefore, the judgment is reversed and the cause remanded for further proceedings.

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Opinion op the Court by

Judge Bobertson :

In this- suit for a devastavit tbe petition neither alleges the amount of assets nor it’s sufficiency to pay the debt sued for. The petition leaves the amount blank and refers to the appraisement and sale bills to show it’s sufficiency. But neither of these documents was filed. • The judgment by default against the surety, who was the only party served with a summons, was unauthorized by the record as presented to this court. The judgment is therefore apparently erroneous.

Wherefore, the judgment is reversed and the cause remanded for further proceedings.

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Bluebook (online)

2 Ky. Op. 143, 1868 Ky. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edmonson-v-summers-kyctapp-1868.