Allen v. Troutman's heirs
Court of Appeals of Kentucky
Case 14 — PETITION EQUITY APPEAL EROM NELSON CIRCUIT COURT. CITED 1 Duvall, 251, Beverly v. Perkins. CITED Civil Code, section 579. 2 Duvall, 540, Ruby v. Grace. 6 Bush, 394, Long v. Montgomery. 14 B. Mon. 172, Bush v. Madeira’s heirs.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion of the court.
This is not strictly a proceeding to obtain a new trial under the 579th section of the Code of Practice. The allegations of the petition and the prayer for relief bring it within the purview of section 421, as well as of subsection 8 of section 579. Under the practice in force before the adoption of the Code it would have been proper to reserve, in the judgment rendered in the case of Troutman v. Allen’s heirs, the right for the infants (defendants) to show cause against it after attaining full age. It here appears that all the complainants are…
2Cited by7 opinions
- Bartlett v. Louisville Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1925
- In re SimmonsSupreme Court of Arkansas · 1892
- Wilhelm v. HendrickCourt of Appeals of Kentucky · 1917
- Metzger Bros. v. Watson's GuardianCourt of Appeals of Kentucky (pre-1976) · 1933
- Lucas v. StanleyCourt of Appeals of Kentucky · 1919
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