Meyer v. Zotel's Adm'r
Court of Appeals of Kentucky
Case 55 — PETITION EQUITY — APPEAL PROM CAMPBELL CIRCUIT COURT. The right of plaintiff to the relief prayed for, taking all the evidence together, is beyond a reasonable doubt. 1. The petition does not meet the requirements of sections 428 and 429 of the Civil Code of Practice, and for that reason the judgment dismissing the petition was proper. 2. Plaintiff attempts to proceed against the decedent’s “ unknown heirs,” but his affidavit for the warning order is wholly…
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Case 55 — PETITION EQUITY — APPEAL PROM CAMPBELL CIRCUIT COURT. The right of plaintiff to the relief prayed for, taking all the evidence together, is beyond a reasonable doubt. 1. The petition does not meet the requirements of sections 428 and 429 of the Civil Code of Practice, and for that reason the judgment dismissing the petition was proper. 2. Plaintiff attempts to proceed against the decedent’s “ unknown heirs,” but his affidavit for the warning order is wholly insufficient. He does not state they are “ believed to be absent ” from this State, and be does not give their post-office…
1Opinion of the Court
JUDGE PATETER
delivered the opinion oe the court. •
The appellant filed liis petition in equity against the administrator of Mathias Zotel, deceased, and the unknown heirs and creditors of the decedent, by which he sought to recover of the estate of Mathias Zotel, •deceased, the sum of four hundred and fifty-seven dollars, alleging that his cause of action was on “an agreement and promise of said M. Zotel to plaintiff to pay a pre-existing debt that never was discharged.” He further alleges that the personalty is insufficient to pay all the debts for which the estate is liable; that decedent…
2Cases cited2 opinions
- Gilmore v. GreenCourt of Appeals of Kentucky · 1879
- Ogden v. ReddCourt of Appeals of Kentucky · 1877
3Cited by2 opinions
- Hutsell v. Current's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1948
- Hutsell v. CurrentCourt of Appeals of Kentucky · 1950