Turpin v. Banton
This text of 3 Ky. 312 (Turpin v. Banton) 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.
Opinion
The Opinion of the Court, which went into a detail of the cause, was bottomed upon, and recognised the following principles.
As a bill to perpetuate testimony, the purpose was effected by taking the depositions : and being accompanied with a prayer for relief, and brought on for hearing, the court did right to dismiss it, with costs. See Hall vs. Hoddisdon, 2 Pr. Wms. 162 — 1 Harr. Chan. Prac. 138.
An award determining “certain matters and accounts, now in dispute, and undetermined between the parties,” without shewing what matters and accounts were in dispute, is void, for uncertainty.
A bill in chancery will not lie, to compel the specific performance of an award, for the payment of a sum of money. The party’s remedy is at law.
Decree affirmed.
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Cite This Page — Counsel Stack
3 Ky. 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turpin-v-banton-kyctapp-1808.