Hulett v. Hall's Administrator

Court of Appeals of Kentucky

Hulett v. Hall's Administrator

16 Ky. 83, 1 Litt. Sel. Cas. 83, 1809 Ky. LEXIS 2

DecidedApril 24, 1809

StatusPublished

This text of 16 Ky. 83 (Hulett v. Hall's Administrator) 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

Hulett v. Hall's Administrator, 16 Ky. 83, 1 Litt. Sel. Cas. 83, 1809 Ky. LEXIS 2 (Ky. Ct. App. 1809).

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Opinion

Opinion of the Court, by

Ch. J. Edwards.

TO justify a defendant in claiming the right to file an additional plea, it is necessary, that he should show the court some satisfactory reason to account for his not having plead the matter prior to the time of making the application, and evince by a proper case, that such indulgence was necessary to the effectuation of justice. And although, in the case of an administrator, considerable indulgence might be allowed; yet here, he not having shown nor alleged any circumstances whatever, to prove that he had not been culpably negligent, the court were right in rejecting the application.

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Opinion of the Court, by

Ch. J. Edwards.

TO justify a defendant in claiming the right to file an additional plea, it is necessary, that he should show the court some satisfactory reason to account for his not having plead the matter prior to the time of making the application, and evince by a proper case, that such indulgence was necessary to the effectuation of justice. And although, in the case of an administrator, considerable indulgence might be allowed; yet here, he not having shown nor alleged any circumstances whatever, to prove that he had not been culpably negligent, the court were right in rejecting the application.

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Bluebook (online)

16 Ky. 83, 1 Litt. Sel. Cas. 83, 1809 Ky. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hulett-v-halls-administrator-kyctapp-1809.