Mountjoy v. Oldham

Court of Appeals of Kentucky

Mountjoy v. Oldham

8 Ky. 535, 1 A.K. Marsh. 535, 1819 Ky. LEXIS 66

DecidedMay 31, 1819

StatusPublished

This text of 8 Ky. 535 (Mountjoy v. Oldham) 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

Mountjoy v. Oldham, 8 Ky. 535, 1 A.K. Marsh. 535, 1819 Ky. LEXIS 66 (Ky. Ct. App. 1819).

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Opinion

Judge Owsley

delivered the opinion of the court.

We are of opinion that the inquisition taken in this cause, is fatally defective, in not stating whether or not the health of the neighbors, by the stagnation of the waters, will be annoyed; and that the county court, upon the return of the inquisition, consequently erred in giving leave to build the 'fflill.

The order must therefore be reversed with cost, the cause remanded, and further proceedings had, not inconsistent with this opinion. '

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Judge Owsley

delivered the opinion of the court.

We are of opinion that the inquisition taken in this cause, is fatally defective, in not stating whether or not the health of the neighbors, by the stagnation of the waters, will be annoyed; and that the county court, upon the return of the inquisition, consequently erred in giving leave to build the 'fflill.

The order must therefore be reversed with cost, the cause remanded, and further proceedings had, not inconsistent with this opinion. '

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Bluebook (online)

8 Ky. 535, 1 A.K. Marsh. 535, 1819 Ky. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mountjoy-v-oldham-kyctapp-1819.