Snapp v. Johnson

Court of Appeals of Kentucky

Snapp v. Johnson

3 Ky. Op. 62, 1869 Ky. LEXIS 280

DecidedJanuary 20, 1869

StatusPublished

This text of 3 Ky. Op. 62 (Snapp v. Johnson) 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

Snapp v. Johnson, 3 Ky. Op. 62, 1869 Ky. LEXIS 280 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Peters:

A personal judgment was rendered against infant heirs without the appointment of a guardian ad litem, and also against nonresident defendants, and this, too, without any allegations that an estate had descended to them, or that any had been devised to them by their ancestor. Which must be fatal to the judgment. It is a joint judgment, and being erroneous it cannot be sustained as to any of the parties thereto.

Wherefore, the judgment is reversed, and the cause is remanded with directions for further proceedings not inconsistent with this opinion.

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Opinion of the Court by

Judge Peters:

A personal judgment was rendered against infant heirs without the appointment of a guardian ad litem, and also against nonresident defendants, and this, too, without any allegations that an estate had descended to them, or that any had been devised to them by their ancestor. Which must be fatal to the judgment. It is a joint judgment, and being erroneous it cannot be sustained as to any of the parties thereto.

Wherefore, the judgment is reversed, and the cause is remanded with directions for further proceedings not inconsistent with this opinion.

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Bluebook (online)

3 Ky. Op. 62, 1869 Ky. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snapp-v-johnson-kyctapp-1869.