Slaughter v. Ripperdan

Court of Appeals of Kentucky

Slaughter v. Ripperdan

15 Ky. 337, 5 Litt. 337, 1824 Ky. LEXIS 106

DecidedJune 14, 1824

StatusPublished

This text of 15 Ky. 337 (Slaughter v. Ripperdan) 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

Slaughter v. Ripperdan, 15 Ky. 337, 5 Litt. 337, 1824 Ky. LEXIS 106 (Ky. Ct. App. 1824).

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Opinion

[337]*337Opinion of the Court,

by Ch. J. Boyle.

Although the writ in this case had issued one defendant alone, yet it was erroneous to render judgment against him only, when the declaration wias jointly against him and another, upon a joint by both; and as the plaintiff, having stated his whole cause of action against both, would be barred by the judgment against one, from maintaining his against the other, he is thereby prejudiced, and though [338]*338the judgment is for him, he may well bring his writ of error t0 reverse I*1,

The judgment must be reversed with costs, and the cause be remanded, that the suit may be dismissed at cos|- 0f j.jje plaintiff there.

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[337]*337Opinion of the Court,

by Ch. J. Boyle.

Although the writ in this case had issued one defendant alone, yet it was erroneous to render judgment against him only, when the declaration wias jointly against him and another, upon a joint by both; and as the plaintiff, having stated his whole cause of action against both, would be barred by the judgment against one, from maintaining his against the other, he is thereby prejudiced, and though [338]*338the judgment is for him, he may well bring his writ of error t0 reverse I*1,

The judgment must be reversed with costs, and the cause be remanded, that the suit may be dismissed at cos|- 0f j.jje plaintiff there.

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Bluebook (online)

15 Ky. 337, 5 Litt. 337, 1824 Ky. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slaughter-v-ripperdan-kyctapp-1824.