Logan County v. Thurmond

Court of Appeals of Kentucky

Logan County v. Thurmond

265 S.W. 23, 204 Ky. 624, 1924 Ky. LEXIS 537

DecidedOctober 3, 1924

StatusPublished

This text of 265 S.W. 23 (Logan County v. Thurmond) 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

Logan County v. Thurmond, 265 S.W. 23, 204 Ky. 624, 1924 Ky. LEXIS 537 (Ky. Ct. App. 1924).

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Opinion

Opinion op the Court by

Chiep Justice Sampson—

Dismissing.

The obligation sued on by the county was due only on demand. No averment is made as to when demand was made save that the petition contains the averment that “due demand was made.” Suit was not instituted on the demand until May 5, 1922. A judgment was rendered [625]*625October 4, 1922. Construing the pleadings strongest against the pleader, as we must, the averments of the petition that due demand was made must be held to mean that the county demanded payment immediately before filing suit on May 5,1922. Interest did not begin to run on the obligation until it became due. If it be estimated to run from the time of the commencement of the action, which, was the first demand made on May 5, 1922, only a small sum had accrued at the time of the judgment. As the principal sum, $1,985.00, has been paid and the appellant acknowledges this, the amount now in controversy is below our jurisdiction and we cannot entertain the appeal, for which reason it is dismissed.

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Opinion op the Court by

Chiep Justice Sampson—

Dismissing.

The obligation sued on by the county was due only on demand. No averment is made as to when demand was made save that the petition contains the averment that “due demand was made.” Suit was not instituted on the demand until May 5, 1922. A judgment was rendered [625]*625October 4, 1922. Construing the pleadings strongest against the pleader, as we must, the averments of the petition that due demand was made must be held to mean that the county demanded payment immediately before filing suit on May 5,1922. Interest did not begin to run on the obligation until it became due. If it be estimated to run from the time of the commencement of the action, which, was the first demand made on May 5, 1922, only a small sum had accrued at the time of the judgment. As the principal sum, $1,985.00, has been paid and the appellant acknowledges this, the amount now in controversy is below our jurisdiction and we cannot entertain the appeal, for which reason it is dismissed.

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Bluebook (online)

265 S.W. 23, 204 Ky. 624, 1924 Ky. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logan-county-v-thurmond-kyctapp-1924.