Jones v. Johnston

28 Ky. 599, 5 J.J. Marsh. 599, 1831 Ky. LEXIS 79
CourtCourt of Appeals of Kentucky
DecidedApril 16, 1831
StatusPublished

This text of 28 Ky. 599 (Jones v. Johnston) 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
Jones v. Johnston, 28 Ky. 599, 5 J.J. Marsh. 599, 1831 Ky. LEXIS 79 (Ky. Ct. App. 1831).

Opinion

Chief Justice Robertson,

delivered the opinion of the court.

It does not appear on-whai ground the motion for counter security was overruled. This court must, therefore, presume that the motion was properly overruled.

Therefore, the county court had no right to give a judgment against the defendants to the motion for costs, unless that judgment had been given in consequence of an agreement between the parties. The record does not show such an agreement, and does not allow us 10 infer it.

Wherefore, the judgments reversed, and the cause remanded with instructions, to render judgment for the plaintiffs in error.

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Bluebook (online)
28 Ky. 599, 5 J.J. Marsh. 599, 1831 Ky. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-johnston-kyctapp-1831.