Hay v. Arberry

Court of Appeals of Kentucky

Hay v. Arberry

24 Ky. 95, 1 J.J. Marsh. 95, 1829 Ky. LEXIS 224

DecidedFebruary 5, 1829

StatusPublished

This text of 24 Ky. 95 (Hay v. Arberry) 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

Hay v. Arberry, 24 Ky. 95, 1 J.J. Marsh. 95, 1829 Ky. LEXIS 224 (Ky. Ct. App. 1829).

Pincite

Opinion

Judge Robertson

delivered the opinion of the Court.

This was a local action, brought in Estill. The defendant plead by attorney, to the jurisdiction, alleging that the supposed trespass was committed in Perry county; a demurrer to this plea being overruled, the court gave judgment in bar of the action.

The judgment ought not to have been in bar, and the court ought to have offered leave to reply to the plea.

It is, therefore, considered by the court, that the judgment of the circuit court be reversed, and the cause remanded for new proceedings.

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Judge Robertson

delivered the opinion of the Court.

This was a local action, brought in Estill. The defendant plead by attorney, to the jurisdiction, alleging that the supposed trespass was committed in Perry county; a demurrer to this plea being overruled, the court gave judgment in bar of the action.

The judgment ought not to have been in bar, and the court ought to have offered leave to reply to the plea.

It is, therefore, considered by the court, that the judgment of the circuit court be reversed, and the cause remanded for new proceedings.

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Bluebook (online)

24 Ky. 95, 1 J.J. Marsh. 95, 1829 Ky. LEXIS 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hay-v-arberry-kyctapp-1829.