Schooler v. Wilkins' Executors

Court of Appeals of Kentucky

Schooler v. Wilkins' Executors

28 Ky. 313, 5 J.J. Marsh. 313, 1831 Ky. LEXIS 22

DecidedJanuary 11, 1831

StatusPublished

This text of 28 Ky. 313 (Schooler v. Wilkins' Executors) 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

Schooler v. Wilkins' Executors, 28 Ky. 313, 5 J.J. Marsh. 313, 1831 Ky. LEXIS 22 (Ky. Ct. App. 1831).

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Opinion

■Chief Justice Rob:-rtson,

delivered the opinion of the court.

The endorsement on the declaration. nnd that on the covenant, show that the verdict was rendered for §156, in consequence of the agreement to take commonwealth’s paper in discharge of the judgment. The judgment for money, is therefore, erroneous. It also results, that the jury gave interest, and that, therefore, the verdict is too high.

Wherefore, the judgment is reversed, the verdict set aside, and the case remanded for further proceedings.

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■Chief Justice Rob:-rtson,

delivered the opinion of the court.

The endorsement on the declaration. nnd that on the covenant, show that the verdict was rendered for §156, in consequence of the agreement to take commonwealth’s paper in discharge of the judgment. The judgment for money, is therefore, erroneous. It also results, that the jury gave interest, and that, therefore, the verdict is too high.

Wherefore, the judgment is reversed, the verdict set aside, and the case remanded for further proceedings.

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Bluebook (online)

28 Ky. 313, 5 J.J. Marsh. 313, 1831 Ky. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schooler-v-wilkins-executors-kyctapp-1831.