Payne v. Monk

Court of Appeals of Kentucky

Payne v. Monk

6 Ky. Op. 255, 1873 Ky. LEXIS 95

DecidedJanuary 4, 1873

StatusPublished

This text of 6 Ky. Op. 255 (Payne v. Monk) 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

Payne v. Monk, 6 Ky. Op. 255, 1873 Ky. LEXIS 95 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Pryor:

The failure to file the amended petition at the term of the court succeeding the filing of the mandate of this court is no ground for reversal. " Leave had been given the appellee to amend his petition and upon his failure to do so, a motion should have been made to dismiss the action, or a rule asked for requiring the appellee to show cause why he failed to prepare his cause for trial. The amended petition was filed and an issue made upon it by the answers. It was discretionary with the court to' permit it to be filed or not, and we can not see how the appellant has been prejudiced. He has been fully heard and much proof taken on both sides. The judgment was proper and must be affirmed.

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Opinion by

Judge Pryor:

The failure to file the amended petition at the term of the court succeeding the filing of the mandate of this court is no ground for reversal. " Leave had been given the appellee to amend his petition and upon his failure to do so, a motion should have been made to dismiss the action, or a rule asked for requiring the appellee to show cause why he failed to prepare his cause for trial. The amended petition was filed and an issue made upon it by the answers. It was discretionary with the court to' permit it to be filed or not, and we can not see how the appellant has been prejudiced. He has been fully heard and much proof taken on both sides. The judgment was proper and must be affirmed.

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Bluebook (online)

6 Ky. Op. 255, 1873 Ky. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-monk-kyctapp-1873.