Scrivener v. Noland

Court of Appeals of Kentucky

Scrivener v. Noland

3 Ky. Op. 617, 1869 Ky. LEXIS 528

DecidedJune 15, 1869

StatusPublished

This text of 3 Ky. Op. 617 (Scrivener v. Noland) 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

Scrivener v. Noland, 3 Ky. Op. 617, 1869 Ky. LEXIS 528 (Ky. Ct. App. 1869).

Pincite

Opinion

Opinion of the Court by

Judge Peters:

As the execution of the writing sued on was admitted 'by the appellant, and the'payment of the debt by appellee is shown by the proof, for which appellant by said writing undertook to indemnify him, and it is also shown by the prof that the paper was procured to be destroyed by the representations of Hazzard P. Noland, the onus of proving that the debt was paid rested on him. And the instructions of the court fairly submitted that question to the jury, and we cannot say that their finding is not sustained by the evidence.

Although the action might have been brought in equity, still as.no objections were made to the jurisdiction of the common law court, and there was no motion to transfer the case to the equity docket, it is not a reversible error to try the issues of fact by a jury, and the judgment in conformity to their finding, should not be disturbed. Section 12 Civil Code.

As to the credit of $20 on the execution, appellee alleges that the amount he paid was $52.19. It does not appear from the endorsement on the execution who paid it, and there is no evidence that it was paid by either of the other defendants, who wre alleged to be insolvent, and the jury might therefore have concluded appellee paid the whole debt.

Judgment affirmed.

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

Opinion of the Court by

Judge Peters:

As the execution of the writing sued on was admitted 'by the appellant, and the'payment of the debt by appellee is shown by the proof, for which appellant by said writing undertook to indemnify him, and it is also shown by the prof that the paper was procured to be destroyed by the representations of Hazzard P. Noland, the onus of proving that the debt was paid rested on him. And the instructions of the court fairly submitted that question to the jury, and we cannot say that their finding is not sustained by the evidence.

Although the action might have been brought in equity, still as.no objections were made to the jurisdiction of the common law court, and there was no motion to transfer the case to the equity docket, it is not a reversible error to try the issues of fact by a jury, and the judgment in conformity to their finding, should not be disturbed. Section 12 Civil Code.

As to the credit of $20 on the execution, appellee alleges that the amount he paid was $52.19. It does not appear from the endorsement on the execution who paid it, and there is no evidence that it was paid by either of the other defendants, who wre alleged to be insolvent, and the jury might therefore have concluded appellee paid the whole debt.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

3 Ky. Op. 617, 1869 Ky. LEXIS 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scrivener-v-noland-kyctapp-1869.