Nicholas's Administrator v. Gratz

Court of Appeals of Kentucky

Nicholas's Administrator v. Gratz

25 Ky. 486, 2 J.J. Marsh. 486, 1829 Ky. LEXIS 135

DecidedOctober 26, 1829

StatusPublished

This text of 25 Ky. 486 (Nicholas's Administrator v. Gratz) 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

Nicholas's Administrator v. Gratz, 25 Ky. 486, 2 J.J. Marsh. 486, 1829 Ky. LEXIS 135 (Ky. Ct. App. 1829).

Pincite

Opinion

Judge Robertson

deliverer! the opinion of the Court.

There is no evidence that the order of publication against R. C. Nicholas, was ever regu[487]*487larly published. The certificate of Savary is not such as the act of assembly requires. This act for certifying constructive service, should be strictly com-does not appear who Savarv is, or - • 1 • ' plied with. It what authority he had for giving the certificate. Therefore, the court erred in decreeing against Nicholas, who does not appear to have been made a party to the suit.

Note. The certificate of publication, in this case, w'as signed liT. Smith, by H. Savary.” Reporter. Wickliffe, for plaintiff; Chinn, for defendant.

Wherefore, the decree for this reason alone, is re- , versed, and the cause remanded for new proceedings consistent with this opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

Judge Robertson

deliverer! the opinion of the Court.

There is no evidence that the order of publication against R. C. Nicholas, was ever regu[487]*487larly published. The certificate of Savary is not such as the act of assembly requires. This act for certifying constructive service, should be strictly com-does not appear who Savarv is, or - • 1 • ' plied with. It what authority he had for giving the certificate. Therefore, the court erred in decreeing against Nicholas, who does not appear to have been made a party to the suit.

Note. The certificate of publication, in this case, w'as signed liT. Smith, by H. Savary.” Reporter. Wickliffe, for plaintiff; Chinn, for defendant.

Wherefore, the decree for this reason alone, is re- , versed, and the cause remanded for new proceedings consistent with this opinion.

Cite This Page — Counsel Stack

Bluebook (online)

25 Ky. 486, 2 J.J. Marsh. 486, 1829 Ky. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholass-administrator-v-gratz-kyctapp-1829.