McMahon v. Jones's Heirs

Court of Appeals of Kentucky

McMahon v. Jones's Heirs

26 Ky. 294, 3 J.J. Marsh. 294, 1830 Ky. LEXIS 45

DecidedJanuary 16, 1830

StatusPublished

This text of 26 Ky. 294 (McMahon v. Jones's Heirs) 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

McMahon v. Jones's Heirs, 26 Ky. 294, 3 J.J. Marsh. 294, 1830 Ky. LEXIS 45 (Ky. Ct. App. 1830).

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Opinion

Judge Underwood

delivered the opinion of the Court.

The merits of this controversy, were fully settled in the decision of this court, rendered, when the cause was before it, at. the fall term, 1823; The cause was remanded, with directions to carry into effect, the principles of the opinion, then rendered, and upon an examination of the steps taken in. the circuit court, in pursuance of the mandate of this,, we perceive no'error. All the propositions made by the appellants, to introduce new matter,, either of;' allegation or proof,,wore correctly overruled, because they haffheen concluded, by the decision of this court.. We do not admit, that it was the duty of the circuit court, ex o£icio, to appoint commissioners, under the occupant acts, for the appellants. It was their duly, to move for the appointment of commissioners. Having failed to do so, the court correctly awarded writs, of habere facias. •

The decree of the circuit court,, is affirmed with, costs.

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Judge Underwood

delivered the opinion of the Court.

The merits of this controversy, were fully settled in the decision of this court, rendered, when the cause was before it, at. the fall term, 1823; The cause was remanded, with directions to carry into effect, the principles of the opinion, then rendered, and upon an examination of the steps taken in. the circuit court, in pursuance of the mandate of this,, we perceive no'error. All the propositions made by the appellants, to introduce new matter,, either of;' allegation or proof,,wore correctly overruled, because they haffheen concluded, by the decision of this court.. We do not admit, that it was the duty of the circuit court, ex o£icio, to appoint commissioners, under the occupant acts, for the appellants. It was their duly, to move for the appointment of commissioners. Having failed to do so, the court correctly awarded writs, of habere facias. •

The decree of the circuit court,, is affirmed with, costs.

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Bluebook (online)

26 Ky. 294, 3 J.J. Marsh. 294, 1830 Ky. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmahon-v-joness-heirs-kyctapp-1830.