Rucker v. Tyler

Court of Appeals of Kentucky

Rucker v. Tyler

8 Ky. 108, 1 A.K. Marsh. 108, 1817 Ky. LEXIS 141

DecidedDecember 9, 1817

StatusPublished

This text of 8 Ky. 108 (Rucker v. Tyler) 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

Rucker v. Tyler, 8 Ky. 108, 1 A.K. Marsh. 108, 1817 Ky. LEXIS 141 (Ky. Ct. App. 1817).

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Opinion

Judge Owsley

delivered the opinion of the court.

This court is of opinion, that under the statute of jeo fails of 1799, no exceptions can be taken after verdict, to a replication, alledgiiig in reply, to the plea of usury, “that the contract on which the suit is founded, is not “corrupt or usurious, but is bona fide add fair for the sum “stated in the note upon which the suit is brought;'” and as there is no other pqint made in this cause, but what has been heretofore decided upon, and held to be untenable by this court, the judgment must be affirmed with cost and damages.

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Judge Owsley

delivered the opinion of the court.

This court is of opinion, that under the statute of jeo fails of 1799, no exceptions can be taken after verdict, to a replication, alledgiiig in reply, to the plea of usury, “that the contract on which the suit is founded, is not “corrupt or usurious, but is bona fide add fair for the sum “stated in the note upon which the suit is brought;'” and as there is no other pqint made in this cause, but what has been heretofore decided upon, and held to be untenable by this court, the judgment must be affirmed with cost and damages.

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Bluebook (online)

8 Ky. 108, 1 A.K. Marsh. 108, 1817 Ky. LEXIS 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rucker-v-tyler-kyctapp-1817.