Long v. Montgomery
Court of Appeals of Kentucky
Case 26 — PETITION EQUITY — CITED Myers’s Code, 300, note d, Lesley v. Martin. 1 Bush, 196, Robinson v. Mobley. Civil Code, section 578. 1 Met. 523, Amyx v. Smith. 2 Duvall, 540, Ruby v. Grace. CITED 1 Bibb, 41, Pinnell v. Martin. 1 Bibb, 275, Slack v. Price. 2 Bibb, 221, Harper v. Bell. 1 Bush, 196, Robinson v. Mobley.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion of the court.
This is a judgment by default for enforcing a lien on land- for an unpaid balance of the price. The decree recites that the summons had been served in due time; hut there is no other evidence of any service than a summons indorsed “ executed,” without any signature to the return.
The appellants insist that there is no judicial evidence of service, and that therefore the judgment is void, and the error not a mere clerical misprision in entering the judgment prematurely before the case stood for trial. On the contrary, the appellee resists a…
2Cases cited1 opinion
- Robinson v. MobleyCourt of Appeals of Kentucky · 1866
3Cited by5 opinions
- Francis v. Lilly'sCourt of Appeals of Kentucky · 1907
- Hermann's Executors v. MartinCourt of Appeals of Kentucky · 1900
- Hall v. CommonwealthCourt of Appeals of Kentucky · 1871
- Wayman v. North Kentucky FairCourt of Appeals of Kentucky (pre-1976) · 1942
- Lincoln-Lucky & Lee Mining Co. v. District CourtNew Mexico Supreme Court · 1894