Warfield v. Gardner's adm'r
Court of Appeals of Kentucky
Case 122 — ORDINARY APPEAL PROM HARDIN CIRCUIT COURT. 1. The petition does not state facts showing that the Hardin county court had jurisdiction to appoint appellees administrators, nor does it allege that the order of appointment was “duly” made. (Sec. 122, ’Civil Code.) 2. When a claim against a decedent’s estate is pleaded as a set-off, demand is not necessary.
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Case 122 — ORDINARY APPEAL PROM HARDIN CIRCUIT COURT. 1. The petition does not state facts showing that the Hardin county court had jurisdiction to appoint appellees administrators, nor does it allege that the order of appointment was “duly” made. (Sec. 122, ’Civil Code.) 2. When a claim against a decedent’s estate is pleaded as a set-off, demand is not necessary. (Millett, &c., v. Watkins, 4 Bush, 642; Bennett v. Crocklin, 3 Met., 322; Civil Code, sec. 732, subsec. 32.) 1. Any defect in the petition is cured by the answer. (Civil Code, secs. 134, 756; Combs, &c., v. Jefferson Pond Draining…
1Opinion of the CourtChief Justice Lewis
This is an action by appellees, administrators of the estate of A. S. Gardner, deceased, upon a promissory note given by appellants.
At the September term, 1877, of the court, a general demurrer to the petition was filed and overruled. There*585upon appellants filed their answer, in which one of them, Warfield, pleaded a demand against the estate for rent of land as a set-off At the .February term, 1879, a rule was made by the court, requiring Warfield to show that he had made a demand of appellees for payment, accompanied by his affidavit and proof of the claim as required by law in such cases.
At…
2Cases cited1 opinion
- Millet v. Watkins' adm'rCourt of Appeals of Kentucky · 1868
3Cited by9 opinions
- Louisville & Nashville Railroad v. Brantley's Adm'rCourt of Appeals of Kentucky · 1894
- Louisville & N. R. R. v. Herndon's Admr.Court of Appeals of Kentucky · 1907
- Bourne v. JohnsCourt of Appeals of Kentucky (pre-1976) · 1930
- Bailey's Administrator v. Hampton Grocery Co.Court of Appeals of Kentucky · 1920
- Harding v. BullardCourt of Appeals of Kentucky · 1916
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