Park v. McReynolds
Court of Appeals of Kentucky
Case 69 — Action to Enjoin a Sale Under an Execution APPEAL FROM GRAVES CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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Case 69 — Action to Enjoin a Sale Under an Execution APPEAL FROM GRAVES CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES CITED. 1. Submission and judgment before the action regularly stood for trial, is not a misprision, but a reversible error, because objections were entered and exceptions reserved at the time of the submission and judgment. 2 Metcalfe, 443-4, Mattingly v. Bosley; 3 Metcalfe, 423-7-8, Smith v. Ferguson; 16 B. Monroe, 345, Rayman v. Reed. 2. The act approved March 17, 1896, in the second section, under the terms “execution hereafter issued,”…
1Opinion of the Court
Opinion of the court by
JUDGE GUFPY
Reversing.
The plaintiff, A. McReynolds, instituted this 'action in the Graves circuit court'for the purpose of enjoining the sale of a certain parcel of'land in said county, being the E. y2 of the N. W. 14 of section 3, township 5, range 1 E., being eighty acres. It is substantially alleged in the petition: That plaintiff bought same from T. J. Wallace June 6, 1899, and that on March 18, 1895, the defendant D. G. Park, having a judgment against said Wallace, procured an execution to be issued for the sum of $140.25, with interest from 6th of March, 1895, and…
2Cited by10 opinions
- New York Life Insurance v. LongCourt of Appeals of Kentucky · 1917
- City of Dayton v. HirthCourt of Appeals of Kentucky · 1905
- Donacher v. TaffertyCourt of Appeals of Kentucky · 1912
- Hunziker v. Supreme Lodge K. of P.Court of Appeals of Kentucky · 1904
- Bellamy v. KrebsCourt of Appeals of Kentucky (pre-1976) · 1926
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