Harrison v. Lebanon Water-works
Court of Appeals of Kentucky
Case 46 — PETITION EQUITY — APPEAL PROM MARION CIRCUIT COURT. 1. The order appealed from is, in substance, an order dismissing the petition as to both appellants, and is, therefore, final. 2. A verification by one of those who join in a pleading is sufficient in any case where verification is needed.
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Case 46 — PETITION EQUITY — APPEAL PROM MARION CIRCUIT COURT. 1. The order appealed from is, in substance, an order dismissing the petition as to both appellants, and is, therefore, final. 2. A verification by one of those who join in a pleading is sufficient in any case where verification is needed. But in any event, it was error to dismiss as to Harrison, who had verified the whole petition as amended, and was entitled to litigate the questions involved. 1. There is no final order in the case from which an appeal can be taken. 2. Harrison was never made a party to the action. As Lanham, by…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
This action was brought against appellees, the trustees of Lebanon and the Lebanon Water-works Company, by appellant Lanham, with whom were united as plaintiffs, Cambrón, Ballard and Edmunds, but they subsequently withdrew from the action.
November 28, 1888, there was filed in court an amended petition, in which it was stated: “lanham and W. B. Harrison now unite in. amending the petition ; the said Harrison is hereby made a plaintiff, and adopts the statements in the original petition and in the amended petition filed in this case within the last…
2Cases cited3 opinions
- Helm v. ShortCourt of Appeals of Kentucky · 1870
- Applegate v. ApplegateCourt of Appeals of Kentucky · 1863
- Berry v. HamiltonCourt of Appeals of Kentucky · 1866
3Cited by11 opinions
- Wood v. Downing's Admr.Court of Appeals of Kentucky · 1901
- Green River Fuel Co. v. SuttonCourt of Appeals of Kentucky (pre-1976) · 1935
- Whallen's Executors v. MooreCourt of Appeals of Kentucky (pre-1976) · 1933
- Kentucky Heating Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1917
- Starbird v. BlairCourt of Appeals of Kentucky (pre-1976) · 1928
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