Jackson v. Jackson

Court of Appeals of Kentucky

Jackson v. Jackson

7 Ky. Op. 650, 1874 Ky. LEXIS 265

DecidedApril 2, 1874

StatusPublished

This text of 7 Ky. Op. 650 (Jackson v. Jackson) 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

Jackson v. Jackson, 7 Ky. Op. 650, 1874 Ky. LEXIS 265 (Ky. Ct. App. 1874).

Pincite

Opinion

Opinion by

Judge Pryor:

The lapse of time connected with the unsatisfactory proof in regard to the promise to pay, must preclude the appellant from' any relief. A period of ten years elapsed, according to appellant’s theory of this case, from the time of the dissolution of the partnership to the institution of the action; and the promise relied on to take the case out of the statute is proven by the appellant, and denied by the ap-pellee. It is questionable whether such a partnership existed as is [651]*651alleged; and also doubtful as to the existence of such a promise to pay, as would enable the appellant to recover. Add to this the lapse of time and the positive denial by the appellee, and we are well -satisfied that the chancellor did right in dismissing the petition.

Porter & Wallace, for appellant. W. Turner, for appellee.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Judge Pryor:

The lapse of time connected with the unsatisfactory proof in regard to the promise to pay, must preclude the appellant from' any relief. A period of ten years elapsed, according to appellant’s theory of this case, from the time of the dissolution of the partnership to the institution of the action; and the promise relied on to take the case out of the statute is proven by the appellant, and denied by the ap-pellee. It is questionable whether such a partnership existed as is [651]*651alleged; and also doubtful as to the existence of such a promise to pay, as would enable the appellant to recover. Add to this the lapse of time and the positive denial by the appellee, and we are well -satisfied that the chancellor did right in dismissing the petition.

Porter & Wallace, for appellant. W. Turner, for appellee.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

7 Ky. Op. 650, 1874 Ky. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-jackson-kyctapp-1874.