Legal Opinion

Hunter's Adm'rs v. Miller's Executors

Court of Appeals of Kentucky

Decided July 9, 1846PublishedCited by 6 opinions

Error to the Jessamine Circuit. Covenant. Case 142;. SüBstance of the’ ü-XÍlCle OX meat sued, on.- AvsrmentsinuHe' declaration-. a plea is filed when there is but one count in. a declaration, and a demurrer is sustained to the plea and another count is then added to the declaration and judgment by default, and an inquiry of damages.

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Error to the Jessamine Circuit. Covenant. Case 142;. SüBstance of the’ ü-XÍlCle OX meat sued, on.- AvsrmentsinuHe' declaration-. a plea is filed when there is but one count in. a declaration, and a demurrer is sustained to the plea and another count is then added to the declaration and judgment by default, and an inquiry of damages. The -whole-declaration will be considered in this Court, as upon general demurrer. in. declaring on are11 executory^ andithe act to be done by. the plaintiff is the consideration.1 of done by1 the ae■fendant, the aver performtCgdoLwhich is equivalent. —And when a…

1Opinion of the Court

J>udse Marshall

delivered the opinion of the Court.

This action of covenant was braught in 1833,- by Mil-]®r against Win.- S.- Hunter, upon an instrument of wri- ^ 1 ting, in substance as follows: “Articles of agreement made this 2d day of September. 1817, between ■ Francis-Miller of the county, ,&c.- of the one part, and William S; Hunter, agent for Thomas Todd and Mary Hunter, representatives of William Stewart, deceased, of the other part, witnessetb: that whereas the said Stewart, on the Iñth'Of May, 1785, made an entry, &e„ (which is recited,) which, entry was surveyed and patented, &c.,…

2Cases cited3 opinions

  1. Elwell v. ShawMassachusetts Supreme Judicial Court · 1819
  2. Deming v. BullittIndiana Supreme Court · 1823
  3. Cook & Co. v. SanfordCourt of Appeals of Kentucky · 1835

3Cited by6 opinions

  1. Murray v. CarothersCourt of Appeals of Kentucky · 1858
  2. Donovan v. WelchNorth Dakota Supreme Court · 1902
  3. Tenney v. East Warren Lumber Co.Supreme Court of New Hampshire · 1861
  4. Oliver Chilled Plow Works v. DolanMichigan Supreme Court · 1905
  5. Bradstreet v. BakerSupreme Court of Rhode Island · 1884

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