White v. Brown's Administrator

Court of Appeals of Kentucky

White v. Brown's Administrator

31 Ky. 104, 1 Dana 104, 1833 Ky. LEXIS 28

DecidedApril 16, 1833

StatusPublished

This text of 31 Ky. 104 (White v. Brown's Administrator) 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

White v. Brown's Administrator, 31 Ky. 104, 1 Dana 104, 1833 Ky. LEXIS 28 (Ky. Ct. App. 1833).

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Opinion

Chief Justice Robertson

delivered the Opinion of the Court.

To a scire facias against Nancy White, as administratrix of James White, to revive a judgment .against the intestate, she filed a plea denying that she was- the ad-ministratrix. But the circuit court, at a subsequent term, rendered a judgment against her by default, without any proof, and without taking any notice of her plea.

. As the plea was negative, and imposed the onus on the plaintiff in the scire facias, it was error to render judgment by default.

Judgment reversed, and cause remanded for further proceedings.

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Chief Justice Robertson

delivered the Opinion of the Court.

To a scire facias against Nancy White, as administratrix of James White, to revive a judgment .against the intestate, she filed a plea denying that she was- the ad-ministratrix. But the circuit court, at a subsequent term, rendered a judgment against her by default, without any proof, and without taking any notice of her plea.

. As the plea was negative, and imposed the onus on the plaintiff in the scire facias, it was error to render judgment by default.

Judgment reversed, and cause remanded for further proceedings.

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Bluebook (online)

31 Ky. 104, 1 Dana 104, 1833 Ky. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-browns-administrator-kyctapp-1833.