Thomas's Administrator v. Commonwealth, ex rel. Brady

Court of Appeals of Kentucky

Thomas's Administrator v. Commonwealth, ex rel. Brady

26 Ky. 122, 3 J.J. Marsh. 122, 1829 Ky. LEXIS 192

DecidedDecember 31, 1829

StatusPublished

This text of 26 Ky. 122 (Thomas's Administrator v. Commonwealth, ex rel. Brady) 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

Thomas's Administrator v. Commonwealth, ex rel. Brady, 26 Ky. 122, 3 J.J. Marsh. 122, 1829 Ky. LEXIS 192 (Ky. Ct. App. 1829).

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Opinion

The Chief Justice

delivered the opinion of the Court.

The declaration is defective, in not averring that a Jieri facias issued, and was returned “nulla bona." And the judgment for costs is erroneous. As the issue was found for the defendants in the action, there ought to have been no judgment against them for costs.

Wherefore, the judgment of the circuit court ic reversed, and the cause remanded, with instructions to arrest the judgment and set aside the verdict.

Note Plea in this oase, was ptene administrará, with leave to give special matter in evidctn cu. REPORTER.

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The Chief Justice

delivered the opinion of the Court.

The declaration is defective, in not averring that a Jieri facias issued, and was returned “nulla bona." And the judgment for costs is erroneous. As the issue was found for the defendants in the action, there ought to have been no judgment against them for costs.

Wherefore, the judgment of the circuit court ic reversed, and the cause remanded, with instructions to arrest the judgment and set aside the verdict.

Note Plea in this oase, was ptene administrará, with leave to give special matter in evidctn cu. REPORTER.

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Bluebook (online)

26 Ky. 122, 3 J.J. Marsh. 122, 1829 Ky. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomass-administrator-v-commonwealth-ex-rel-brady-kyctapp-1829.