Finley v. Meadows
Court of Appeals of Kentucky
CASE 11. — ACTION BY JOHN R. MEADOWS AND OTHERS AGAINST H. F. FINLEY. Appeal from Whitley Circuit Court. Judgment for plaintiff, defendant appeals.- — POINT'S AND CITATIONS. 1. The whole case was tried out on an issue which did not determine the controversy. The verdict, therefore, did not enable the court to render judgment.
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CASE 11. — ACTION BY JOHN R. MEADOWS AND OTHERS AGAINST H. F. FINLEY. Appeal from Whitley Circuit Court. Judgment for plaintiff, defendant appeals.- — POINT'S AND CITATIONS. 1. The whole case was tried out on an issue which did not determine the controversy. The verdict, therefore, did not enable the court to render judgment. A special finding from which the judgment does not follow as a logical sequence is equivalent to a mistrial. 2. By tihe prayer of the petition a money judgment alone was sought. Therefore, under section 329 of the Civil Code it was made the imperative duty of the court…
1Opinion of the Court
*72Opinion of the Court by
Judge Hobson
— Reversing.
On October 17. 1902. John R. Meadows and wife entered into a written contract with H. F. Finley, by which they sold him five surveys of land in Whitley county, Ky., at $8 an acre; he paying them at the time $150 of the purchase money and agreeing to pay the balance as soon as the lands could be surveyed, the number of acres ascertained, and the deed made. On March 2, 1907, they brought this suit against him, in which they charged that the five tracts of land contained in the agrégate 506% acres, 'as shown by a survey which had been made, 'and…
2Cited by6 opinions
- Maryland Casualty Co. v. Ballard County BankCourt of Appeals of Kentucky · 1909
- Asher v. GoldenCourt of Appeals of Kentucky (pre-1976) · 1929
- Metropolitan Life Ins. Co. v. HoskinsCourt of Appeals of Kentucky (pre-1976) · 1937
- Howard v. HowardCourt of Appeals of Kentucky (pre-1976) · 1945
- Kramer v. KramerCourt of Appeals of Kentucky (pre-1976) · 1941
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