Jones v. Lacey
This text of 26 Ky. 543 (Jones v. Lacey) 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.
Opinion
delivered the opinion of the Court.
The circuit court erred in overruling the demurrer to the replication to the plea in abatement.
That a non-resident plaintiff had not given security for costs, is good matter, in abatement of his writ. When that fact is well pleaded in abatement, as was done in this case, a replication, tendering a bond for costs, or averring that the security had been given since the impetration of the writ, is insufficient.
It admits the truth of the plea; and the plea being true, its effect cannot be evaded.
Wherefore, the judgment is reversed, and the cause .remanded, with instructions to sustain the demurrer,
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Cite This Page — Counsel Stack
26 Ky. 543, 3 J.J. Marsh. 543, 1830 Ky. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-lacey-kyctapp-1830.