McCallister's adm'r v. Savings Bank
Court of Appeals of Kentucky
Case 124 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. ‘The action is transitory. The seventy-eighth section,of the Civil Code applies to this case. By it we are not required to institute the suit in “some other county.” The sixty-ninth section relates merely to actions against a prisoner. The ground that the court has no jurisdiction of the defendant is waived, unless distinctly specified by special demurrer. ■ • ' 1. This action is brought in the wrong county.
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Case 124 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. ‘The action is transitory. The seventy-eighth section,of the Civil Code applies to this case. By it we are not required to institute the suit in “some other county.” The sixty-ninth section relates merely to actions against a prisoner. The ground that the court has no jurisdiction of the defendant is waived, unless distinctly specified by special demurrer. ■ • ' 1. This action is brought in the wrong county. It can only be maintained in Oldham county, and there only within the statutory six months. 2. There is no cause of action made…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
This action was instituted in the Louisville chancery court' by McCallister’s administrator against Jones, as -assignee of the Savings Bank of Louisville, Rhorer, Speed, and others, in which the plaintiffs (appellants) seek to have a conveyance made by Rhorer to the bank enure to the benefit of creditors generally, for the reason, as is alleged, that it was made in contemplation of insolvency, and with the design to prefer. Rhorer, who is the grantor in the conveyance, was, at the institution of the action, a convict in the state ■prison, under…
2Cited by10 opinions
- Hand v. Northwestern National Insurance Co.Supreme Court of Arkansas · 1973
- Scholl v. Allen, JudgeCourt of Appeals of Kentucky (pre-1976) · 1931
- United Mine Workers of America v. CromerCourt of Appeals of Kentucky · 1914
- Hall v. Cumberland Pipe Line Co.Court of Appeals of Kentucky · 1922
- Puckett v. JamesonCourt of Appeals of Kentucky · 1914
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