Walden v. Conn
Court of Appeals of Kentucky
Case 45 — PETITION OBDINABY — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. It is immaterial what character of action this is, since, under our system of pleading, all that is required is that the plaintiff set forth facts which constitute a cause of action, and demand the specific relief to which he considers himself entitled.
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Case 45 — PETITION OBDINABY — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. It is immaterial what character of action this is, since, under our system of pleading, all that is required is that the plaintiff set forth facts which constitute a cause of action, and demand the specific relief to which he considers himself entitled. (Civil Code, sec. 90; Haldeman v. Middleton, 6 Bush, 45; Hill v. Barrett, 14 B. M., 85.) 2. The appellee, by driving off the appellant’s tenant, and excluding him from the use of the land, became liable to appellant for whatever, damage he sustained thereby, and,…
1Opinion of the Court
JUDGE BENNETT
delivered the opivion of the court.
Tlie appellant, James Walden, filed Ms petition in the Jefferson Common Pleas Court against the appellee, John D. Conn, in which he alleged, in substance, that being the owner and in the possession of one acre of land lying in Jefferson county, giving a particular description of the land, he, in March, 1884, rented the same to — Smith for the term of one year, and placed him in the possession thereof ; that on or about the first day of April, 1884, the appellee forcibly, unlawfully, and without- plaintiff’s consent, and without the consent of…
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