M'Kee v. Walker

26 Ky. 195, 3 J.J. Marsh. 195, 1830 Ky. LEXIS 17
CourtCourt of Appeals of Kentucky
DecidedJanuary 6, 1830
StatusPublished

This text of 26 Ky. 195 (M'Kee v. Walker) 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
M'Kee v. Walker, 26 Ky. 195, 3 J.J. Marsh. 195, 1830 Ky. LEXIS 17 (Ky. Ct. App. 1830).

Opinion

Judge Underwood

delivered the opinion of the Court

The case of Philips and Walker vs. Harriss, decided -at the present term, is perfectly analogous in principle, to the present, and is decisive of it. According to the reasoning, in that case, the-court should have overruled .the demurrer, to. the replication in this.

Wherefore, the judgment of the circuit court is reversed, and the cause remanded, with directions to permit the defendant, Walker, to withdraw his demurrer, and to take issue upon the replication, if he should ask leave to do so, and if he should not, then to enter judgment upon the demurrer, in favor of the plaintiff.

The appellant must recover his costs in this court.

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Bluebook (online)
26 Ky. 195, 3 J.J. Marsh. 195, 1830 Ky. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mkee-v-walker-kyctapp-1830.