Porter v. Eastern Ky. Asylum for Insane
Court of Appeals of Kentucky
Case 101. — ACTION BY THE EASTERN KENTUCKY ASYLUM FOR THE INSANE AGAINST CHARLES P. PORTER AND ANOTHER TO RECOVER FOR THE KEEP OF PORTER WHILE CONFINED. IN SAID ASYLUM. Appeal from Fleming Circuit Court. James P. Harbeson Circuit Judge. Judgment for plaintiff. Defendants appeal. SUMMARY. 1. The judgment is void, the defendant not being before the court on account of defective service' of process.
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Case 101. — ACTION BY THE EASTERN KENTUCKY ASYLUM FOR THE INSANE AGAINST CHARLES P. PORTER AND ANOTHER TO RECOVER FOR THE KEEP OF PORTER WHILE CONFINED. IN SAID ASYLUM. Appeal from Fleming Circuit Court. James P. Harbeson Circuit Judge. Judgment for plaintiff. Defendants appeal. SUMMARY. 1. The judgment is void, the defendant not being before the court on account of defective service' of process. (Code, sec. 53; Cheatham v. Whitman, 85 Ky., 618; -Jenkins v. Crofton'ss Adm’r. 10 Ky. Law Rep., 456; Denham v. Anderson, 14 Ky. Law Rep., 366, 391; Youngstown Bridge Co. v. White’s Adm’r, 20 Ky. Law…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
On November 9, 1899, Charles P. Porter was adjudged a lunatic in the’ Fleming county court and committed to the Eastern Kentucky Asylum for the *818Insane. On February 20, 1903, this action was brought against him by the asylum. In the first paragraph of the petition a recovery was sought for .keeping him at $150 a year under the statute,, and it was charged that he owned an interest in a certain tract of land, which was prayed to be subjected to the debt. In the second paragraph it was sought to recover for his keeping upon a quantum meruit. A summons whs…
2Cases cited1 opinion
- Cheatham v. WhitmanCourt of Appeals of Kentucky · 1888
3Cited by13 opinions
- Kough v. HoehlerIllinois Supreme Court · 1952
- Anderson's Committee v. Anderson's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1914
- State Department of Public Welfare v. PearsonWisconsin Supreme Court · 1944
- Gardner v. HowardCourt of Appeals of Kentucky · 1923
- Decker v. TyreeCourt of Appeals of Kentucky · 1924
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