Gray's Admx. v. Clarkson's Exr.

1 Ky. Op. 403, 1866 Ky. LEXIS 358
CourtCourt of Appeals of Kentucky
DecidedSeptember 27, 1866
StatusPublished

This text of 1 Ky. Op. 403 (Gray's Admx. v. Clarkson's Exr.) 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
Gray's Admx. v. Clarkson's Exr., 1 Ky. Op. 403, 1866 Ky. LEXIS 358 (Ky. Ct. App. 1866).

Opinion

Opinion oe the Court by

Judge Peters :

It is manifest from a careful figuring up of principal and interest and deducting credits that the amount due on the note sued on when the action was commenced was less than $50.

[404]*404And, therefore, under section 29, Civil Code, as the matter in controversy at the commencement of the action did not exceed $50 the Circuit Court did not have jurisdiction, and the demurrer to the petition should have been sustained for that cause.

Wherefore, the judgment is reversed, and the cause remanded, with directions to sustain the demurrer to the petition, and for further proceedings consistent herewith.

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Bluebook (online)
1 Ky. Op. 403, 1866 Ky. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grays-admx-v-clarksons-exr-kyctapp-1866.