Legal Opinion

Long v. Montgomery

Court of Appeals of Kentucky

Decided January 11, 1869PublishedCited by 5 opinions

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

  1. Robinson v. MobleyCourt of Appeals of Kentucky · 1866

3Cited by5 opinions

  1. Francis v. Lilly'sCourt of Appeals of Kentucky · 1907
  2. Hermann's Executors v. MartinCourt of Appeals of Kentucky · 1900
  3. Hall v. CommonwealthCourt of Appeals of Kentucky · 1871
  4. Wayman v. North Kentucky FairCourt of Appeals of Kentucky (pre-1976) · 1942
  5. Lincoln-Lucky & Lee Mining Co. v. District CourtNew Mexico Supreme Court · 1894

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