Guthrie's Administrators v. Noel

Court of Appeals of Kentucky

Guthrie's Administrators v. Noel

28 Ky. 295, 5 J.J. Marsh. 295, 1831 Ky. LEXIS 15

DecidedJanuary 6, 1831

StatusPublished

This text of 28 Ky. 295 (Guthrie's Administrators v. Noel) 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

Guthrie's Administrators v. Noel, 28 Ky. 295, 5 J.J. Marsh. 295, 1831 Ky. LEXIS 15 (Ky. Ct. App. 1831).

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Opinion

Chief Justice Robertson,

delivered the opinion of the court.

Two distinct judgments or decrees cannot be ■ joined in the same writ of error, Carneal vs. May, II Marsh. 594.

Dana, for plaintiffs; Hoggin, for defendant.

This writ of error is prosecuted t.o reverse two distinct and separate judgments which cannot be joined. The act of 1834, would authorize an amendment and an. abatement of the writ as to one of the judgments. But, as the plaintiff in error has made no motion to amend, and this court cannot elect for her which judgment her writ shall be prosecuted to reverse; the writ; must be quashed.

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Chief Justice Robertson,

delivered the opinion of the court.

Two distinct judgments or decrees cannot be ■ joined in the same writ of error, Carneal vs. May, II Marsh. 594.

Dana, for plaintiffs; Hoggin, for defendant.

This writ of error is prosecuted t.o reverse two distinct and separate judgments which cannot be joined. The act of 1834, would authorize an amendment and an. abatement of the writ as to one of the judgments. But, as the plaintiff in error has made no motion to amend, and this court cannot elect for her which judgment her writ shall be prosecuted to reverse; the writ; must be quashed.

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Bluebook (online)

28 Ky. 295, 5 J.J. Marsh. 295, 1831 Ky. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guthries-administrators-v-noel-kyctapp-1831.