Kelso v. Connelly

Court of Appeals of Kentucky

Kelso v. Connelly

6 Ky. 244, 3 Bibb 244, 1813 Ky. LEXIS 110

DecidedDecember 9, 1813

StatusPublished

This text of 6 Ky. 244 (Kelso v. Connelly) 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

Kelso v. Connelly, 6 Ky. 244, 3 Bibb 244, 1813 Ky. LEXIS 110 (Ky. Ct. App. 1813).

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Opinion

OPINION of the Court, by

Ch. J. Boyt.e.

In this . case it appears from the record that the writ was suedf out previous to filing; the declaration, and a judgment by-default, upon a writ of inquiry, was had at the term to which the writ was returnable.

This was clearly erroneous, the law not permitting the plaintiff in such case to demand atrial until the succeeding term. '

The judgment must be reversed with costs, and the cause remanded for a new trial to be had.

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OPINION of the Court, by

Ch. J. Boyt.e.

In this . case it appears from the record that the writ was suedf out previous to filing; the declaration, and a judgment by-default, upon a writ of inquiry, was had at the term to which the writ was returnable.

This was clearly erroneous, the law not permitting the plaintiff in such case to demand atrial until the succeeding term. '

The judgment must be reversed with costs, and the cause remanded for a new trial to be had.

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Bluebook (online)

6 Ky. 244, 3 Bibb 244, 1813 Ky. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelso-v-connelly-kyctapp-1813.