McNees v. McNees
Court of Appeals of Kentucky
Case 27 — PETITION EQUITY APPEAL PROM HARRISON CHANCERY COURT. This action is purely a transitory one, and the Harrison Chancery Court had Jurisdiction. The matters involved in this action were never litigated in the Kenton Chancery Court. (Carroll’s Code, sec. 78; Gen. Stats., chap. 52, art. 3, sec. 7; Pretzinger v. Pretzinger, 4 Am. St. Rep., 542; Shrader, &c., v. Shrader, &c., 11 Ky.
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Case 27 — PETITION EQUITY APPEAL PROM HARRISON CHANCERY COURT. This action is purely a transitory one, and the Harrison Chancery Court had Jurisdiction. The matters involved in this action were never litigated in the Kenton Chancery Court. (Carroll’s Code, sec. 78; Gen. Stats., chap. 52, art. 3, sec. 7; Pretzinger v. Pretzinger, 4 Am. St. Rep., 542; Shrader, &c., v. Shrader, &c., 11 Ky. Law Rep., 441.) 1, If a recovery can be bad at all, it must be bad in tbe Kenton Chancery Court. Tbe Harrison Chancery Court did not have jurisdiction. (Gen. Stats., chap. 52, art. 3, sec. 7; Buckminister v.…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion oe tiie court.
In 1882 the appellant, by judgment of the Kenton Chancery Court, obtained a divorce from the appellee and was also adjudged the care, custody and control of their minor son, Wilmot McNees. In 1891 the appellant instituted this suit in the Harrison Circuit Court seeking to obtain judg: ment against the appellee for fifteen hundred dollars for care, expenses, etc., in raising and caring for said son.
The defendant demurred to the jurisdiction of the court but the same was overruled, as was also a general demurrer, and the cause was prepared for…
2Cited by7 opinions
- Shumaker v. PaxtonKentucky Supreme Court · 1981
- Parks v. ParksCourt of Appeals of Kentucky (pre-1976) · 1925
- Alvey v. HartwigCourt of Appeals of Maryland · 1907
- Dunn v. CommonwealthCourt of Appeals of Kentucky · 1899
- Gothard v. LewisCourt of Appeals of Kentucky (pre-1976) · 1930
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