Hall v. Johnston's Administratrix

Court of Appeals of Kentucky

Hall v. Johnston's Administratrix

28 Ky. 284, 5 J.J. Marsh. 284, 1830 Ky. LEXIS 435

DecidedJanuary 3, 1830

StatusPublished

This text of 28 Ky. 284 (Hall v. Johnston's Administratrix) 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

Hall v. Johnston's Administratrix, 28 Ky. 284, 5 J.J. Marsh. 284, 1830 Ky. LEXIS 435 (Ky. Ct. App. 1830).

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Opinion

Judge Usuerwood.

delivered the opinion of the court.

The revivor of the suit, after the deaths of Johnston, in the name of his administratrix, without a bill of revivor and the service of process, or without exPressty appearing on the face of the record that, the defendant consented, and thereby waived all objections to the manner of reviving the suit, was erro-neou£" For this cause the decree must be. reverses! without looking into the merits of the case; see Shield, &c. vs. Craig’s administrators, VI Monroe, 373.

Monroe, for plaintiff;' Richardson, for defendant.

Decree reversed, with costs, and. the cause remanded for further proceedings.

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Judge Usuerwood.

delivered the opinion of the court.

The revivor of the suit, after the deaths of Johnston, in the name of his administratrix, without a bill of revivor and the service of process, or without exPressty appearing on the face of the record that, the defendant consented, and thereby waived all objections to the manner of reviving the suit, was erro-neou£" For this cause the decree must be. reverses! without looking into the merits of the case; see Shield, &c. vs. Craig’s administrators, VI Monroe, 373.

Monroe, for plaintiff;' Richardson, for defendant.

Decree reversed, with costs, and. the cause remanded for further proceedings.

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Bluebook (online)

28 Ky. 284, 5 J.J. Marsh. 284, 1830 Ky. LEXIS 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-johnstons-administratrix-kyctapp-1830.