Butts v. Turner & Lacy
Court of Appeals of Kentucky
CASE 28 — PETITION ORDINARY APPEAL PROM BATII CIRCUIT COURT. CITED— Civil Code, secs. 31, 65. 18 B. Mon., 759 ; Warner vs. Turner. Revised Statutes, sec. 1, art. 1, chap. 12, and sec. 1, art. 4, chap. 63. 4 Met., 279; Smith, Wilson <§• Co., vs. Daugherty. 15 B. Mon., 67, 68; Davis vs. Sharon. CITED— Civil Code, sec. 32 ; 2 Stanton's Revised Statutes, 226. 18 B. Mon., 758; Warner vs. Turner.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion oe the court:
This appeal seeks the reversal of a judgment against the appellant for seventy-four dollars and ninety-five cents, on a merchant’s account, actionable on the 2d of January, 1862, and barred by limitation on the 2d of January, 1863. The petition was filed 30th December, 1862, before the bar; but, according to the certified record on certiorari, no summons appears to have been issued on the petition until the 31st of December, 1863. As the object in filing the petition on the 30th of December, 1862, was only to avoid the limitation, it is not…
2Cited by2 opinions
- Casey v. Newport Rolling Mill Co.Court of Appeals of Kentucky · 1913
- Robinson v. TesterCourt of Appeals of Kentucky · 1917