Rake v. Hill

Court of Appeals of Kentucky

Rake v. Hill

5 Ky. Op. 570, 1872 Ky. LEXIS 309

DecidedJanuary 24, 1872

StatusPublished

This text of 5 Ky. Op. 570 (Rake v. Hill) 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

Rake v. Hill, 5 Ky. Op. 570, 1872 Ky. LEXIS 309 (Ky. Ct. App. 1872).

Pincite

Opinion

Opinion by

Judge Lindsay:

The payment of the fifty dollars on the debt due to appellee should first be applied to the discharge of the accrued interest, this being done, the balance remaining when credited on the principal did not reduce the amount due to fifty dollars, hence the circuit court had jurisdiction of the subject matter of the suit.

The evidence does not sustain the deceit upon the part of appellee pleaded and relied on by appellant as a defense to the action. We perceive no error in the action of the circuit court in sustaining the detachment.

Judgment affirmed.

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

Opinion by

Judge Lindsay:

The payment of the fifty dollars on the debt due to appellee should first be applied to the discharge of the accrued interest, this being done, the balance remaining when credited on the principal did not reduce the amount due to fifty dollars, hence the circuit court had jurisdiction of the subject matter of the suit.

The evidence does not sustain the deceit upon the part of appellee pleaded and relied on by appellant as a defense to the action. We perceive no error in the action of the circuit court in sustaining the detachment.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

5 Ky. Op. 570, 1872 Ky. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rake-v-hill-kyctapp-1872.