Kilday v. Leytle
3 Ky. Op. 605, 1869 Ky. LEXIS 520
This text of 3 Ky. Op. 605 (Kilday v. Leytle) 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
Kilday v. Leytle, 3 Ky. Op. 605, 1869 Ky. LEXIS 520 (Ky. Ct. App. 1869).
Opinion
Opinion of the Court by
There are various items iu appellee’s set-off which sound entirely in damages as for a tort and are not of mere contract, hence no judgment by default could be taken on such without proof before a jury, or reference to a commissioner.
Wherefore the judgment being erroneous is reversed, with directions for further proceedings.
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3 Ky. Op. 605, 1869 Ky. LEXIS 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kilday-v-leytle-kyctapp-1869.