Newcome v. Crews
Court of Appeals of Kentucky
Case 56 — 'PETITION EQUITY — APPEAL EROM MARION CIRCUIT COURT. 1. The injunction was improperly sued out. There was no statement in the petition nor any affidavit to authorize it. (Civil Code, sec. 273.) 2. The petition does not aver a state of case that authorizes the ap-pellee to sue.
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Case 56 — 'PETITION EQUITY — APPEAL EROM MARION CIRCUIT COURT. 1. The injunction was improperly sued out. There was no statement in the petition nor any affidavit to authorize it. (Civil Code, sec. 273.) 2. The petition does not aver a state of case that authorizes the ap-pellee to sue. In such a case one must aver a particular or special injury to himself not common to others or to the public. 3. If the petition had been sufficient the injunction should have been dissolved oil final hearing. • («) It matters not that the appellee has no other way out. He did not buy of appellants or the…
1Opinion of the Court
JUDGE PAYNTER
DELIVERED THE OPINION Off THE OOXTET.
The appellee is the owner of a residence in the town of Bradsfordsville, in Marion county. He brings this action, alleging that the only public passway to and from his property is an open way or street which leads from his premises into and upon the other streets of the town; that the open public way or street lies between the lot of the Christian church and the real estate of Dr. B. E. Avritt, the property of the plaintiff and the streets of the plaintiff and the streets of the town upon which it enters; that for more than forty" years it has…
2Cases cited2 opinions
- Hall v. McLeodCourt of Appeals of Kentucky · 1859
- O'Daniel v. O'DanielCourt of Appeals of Kentucky · 1889
3Cited by12 opinions
- Smith v. PenningtonCourt of Appeals of Kentucky · 1906
- Lieberman v. ClarkTennessee Supreme Court · 1904
- Flynn v. FikeCourt of Appeals of Kentucky (pre-1976) · 1942
- Jurgensen v. AinscowNebraska Supreme Court · 1952
- Louisville & Nashville Railroad v. CorneliusCourt of Appeals of Kentucky · 1915
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