Geoghegan v. Miller's Admr.

Court of Appeals of Kentucky

Geoghegan v. Miller's Admr.

5 Ky. Op. 23, 1872 Ky. LEXIS 164

DecidedFebruary 23, 1872

StatusPublished

This text of 5 Ky. Op. 23 (Geoghegan v. Miller's Admr.) 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

Geoghegan v. Miller's Admr., 5 Ky. Op. 23, 1872 Ky. LEXIS 164 (Ky. Ct. App. 1872).

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Opinion

Opinion of the Court by

Judge Peters :

The judgment on the note for three hundred and ninety-two dollars had been rendered just one year before any answer was filed, and no matter of off set could apply to a judgment previously rendered and in full force.

Nor was the prayer for an equitable set-off and an injunction sufficient. The language is that if plaintiff shall refuse to accept the $40 tendered then defendant prays the judgment herein may be enjoined, until the matters herein can be determined.

The facts alleged did not authorize any relief, and if they did the conditional prayer was insufficient.

Judgment affirmed.

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