Macey v. Brooks

Court of Appeals of Kentucky

Macey v. Brooks

7 Ky. 238, 4 Bibb 238, 1815 Ky. LEXIS 129

DecidedNovember 7, 1815

StatusPublished

This text of 7 Ky. 238 (Macey v. Brooks) 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

Macey v. Brooks, 7 Ky. 238, 4 Bibb 238, 1815 Ky. LEXIS 129 (Ky. Ct. App. 1815).

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Opinion

[238]*238OPINION of the Court, by

Ch. J. Bgyxe.

-This ⅛ a writ of error to a decree injoining a judgment at law, upon the ground that the judgment was obtained upon m [239]*239obligation given for an usurious consideration. The bill was filed by only one of two co-obligors, and the other is not made a party, either complainant or defendant, nor any reason suggested why he was not. The decree ⅛ on this ground therefore clearly erroneous: for if oile co-obligor may in such a case file a bill, ano,ther might, and suits he thus multiplied equally contrary to the maxims of sound policy and to the principles which govern a court of equity.

The decree reversed with costs, and the cause remanded for new proceedings not inconsistent with the foregoing opinion.

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[238]*238OPINION of the Court, by

Ch. J. Bgyxe.

-This ⅛ a writ of error to a decree injoining a judgment at law, upon the ground that the judgment was obtained upon m [239]*239obligation given for an usurious consideration. The bill was filed by only one of two co-obligors, and the other is not made a party, either complainant or defendant, nor any reason suggested why he was not. The decree ⅛ on this ground therefore clearly erroneous: for if oile co-obligor may in such a case file a bill, ano,ther might, and suits he thus multiplied equally contrary to the maxims of sound policy and to the principles which govern a court of equity.

The decree reversed with costs, and the cause remanded for new proceedings not inconsistent with the foregoing opinion.

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Bluebook (online)

7 Ky. 238, 4 Bibb 238, 1815 Ky. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macey-v-brooks-kyctapp-1815.