Satterwhite v. Lewis

Court of Appeals of Kentucky

Satterwhite v. Lewis

16 Ky. 60, 1 Litt. Sel. Cas. 60, 1808 Ky. LEXIS 14

DecidedOctober 10, 1808

StatusPublished

This text of 16 Ky. 60 (Satterwhite v. Lewis) 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

Satterwhite v. Lewis, 16 Ky. 60, 1 Litt. Sel. Cas. 60, 1808 Ky. LEXIS 14 (Ky. Ct. App. 1808).

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Opinion

Opinion of

the Court.

IT is assigned for error, that the declaration does not make profert of the assignment of the writing obligatory on which the suit is founded; does not show whether the alleged assignment was by writing or parol, or how the assignment was made. These objections might have availed the party, if he had, in proper time, taken advantage of them by special demurrer; but appear to this court to be defects in form only, which could not have been taken advantage of by general demurrer, and much less ought they to be regarded in this court, after an inquiry of damages has been awarded, and judgment rendered in the court below without objection.—Judgment affirmed.

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Opinion of

the Court.

IT is assigned for error, that the declaration does not make profert of the assignment of the writing obligatory on which the suit is founded; does not show whether the alleged assignment was by writing or parol, or how the assignment was made. These objections might have availed the party, if he had, in proper time, taken advantage of them by special demurrer; but appear to this court to be defects in form only, which could not have been taken advantage of by general demurrer, and much less ought they to be regarded in this court, after an inquiry of damages has been awarded, and judgment rendered in the court below without objection.—Judgment affirmed.

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Bluebook (online)

16 Ky. 60, 1 Litt. Sel. Cas. 60, 1808 Ky. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/satterwhite-v-lewis-kyctapp-1808.