Gardner v. Kirven

(dissenting in part) :

On the - day of October, 1930, Idella Blackmon, through her guardian ad litem, commenced an action in the Court of Common Pleas for Darlingtoon County against John K. Kirven for damages growing out of an alleged unlawful assault committed September 29, 1930. Upon a trial of the cause, a verdict by a jury in the sum of $5,000.00 was awarded plaintiff. The judgment which was entered on this verdict was affirmed by this Court. No portion of this judgment has been paid.

On November 1, 1930, and the day on which the answer of John K. Kirven to the Blackmon complaint was…