Monahan v. Schwartz
Court of Appeals of Kentucky
CASE 39. — ACTION BY MICHAEL MONAHAN AGAINST WILLIAM SCHWARTZ AND WIFE. — Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge.
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CASE 39. — ACTION BY MICHAEL MONAHAN AGAINST WILLIAM SCHWARTZ AND WIFE. — Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge. From the judgment plaintiff appeals — 3. Appbal — New Trial After Verdict and Judgment — Determination 'on Reversal. — Where á new 'trial is improperly granted •' after judgment, and the party aggrieved properly enters his exceptions and files a bill of .exceptions, he is entitled to have the case-reversed for such error, with directions to set aside the order and to re-enter the original judgment. PROPOSITIONS AND CITATIONS. 1. A wife may testify for her…
1Opinion of the Court
*377Opinion op the Court by
Judge Barker
Reversing.
On March 20, 1905, Mrs. William Schwartz, the wife of appellee, went to the residence of appellant, Michael Monahan, for* the purpose of renting a house belonging to Mm. The parties came' to án agreement, and Mrs: Schwartz signed a contract commonly called a “landlord’s lease,” which provided that "upon nonpayment of the rent for three days' after it was due the lessee waived the 3d days! notice required by statute, and the landlord could at once take possession. The rent was not paid for the month beginning June 20,1906, and the appellant sued out…
2Cases cited1 opinion
- Logsdon v. SternCourt of Appeals of Kentucky · 1904
3Cited by3 opinions
- Merriman v. Coca Cola Bottling Co.Court of Appeals of Tennessee · 1933
- North River Insurance v. DycheCourt of Appeals of Kentucky · 1915
- Merriman v. Coca Cola Bottling Co.Court of Appeals of Tennessee · 1933