Legal Opinion

Brownfield v. Dyer

Court of Appeals of Kentucky

Decided January 21, 1870PublishedCited by 15 opinions

Case 36 — PETITION EQUITY APPEAL FROM LARUE CIRCUIT COURT. CITED Howard’s New York Practice Reports, 45, 46. Civil Code, sections 88, 440, 441. Ms. Opinion, Peb. 1, 1871, Cheek v. McCoy. 3 Dana, 180, Harlow v. Munell. 1 Harlan’s Mon. Dig. “Absent Defendants,” secs. 1, 4, 7, 11, 12. 1 Harlan’s Mon. Dig.

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Case 36 — PETITION EQUITY APPEAL FROM LARUE CIRCUIT COURT. CITED Howard’s New York Practice Reports, 45, 46. Civil Code, sections 88, 440, 441. Ms. Opinion, Peb. 1, 1871, Cheek v. McCoy. 3 Dana, 180, Harlow v. Munell. 1 Harlan’s Mon. Dig. “Absent Defendants,” secs. 1, 4, 7, 11, 12. 1 Harlan’s Mon. Dig. “ Hon-residents,” sec. 1. 4 Monroe, 545, Green’s heirs v. Breckinridge’s heirs, 6 Monroe, 205, Blight’s heirs v. Banks. 6 J. J. Marshall, 14. Brown v. Wood and Camp’s heirs. 6 Wheaton, 127, Thatcher v. Powell. 6 Bush, 894, Long v. Montgomery. 2 Duvall, 540, Ruby v. Grace. 34 Barbour, Cook v.…

1Opinion of the Court

JUDGE LIHDSAY

delivered the opmrorr oe the court.

It is not pretended that W. H. Middleton was before the court in the actions in which the judgment for the sale of his slaves was rendered, except by constructive service. It is admitted that he was a non-resident of Kentucky, and had no *507actual knowledge of the institution of said actions. The order warning him to appear and defend was made on the 6th day of May, 1862, and it required him to answer the plaintiff’s petition on the 1st day of the next May term of the Larue Circuit Court, which began on the 24th of that month, eighteen days after…

2Cited by15 opinions

  1. Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
  2. Atkins v. AtkinsNebraska Supreme Court · 1879
  3. Carpenter v. MoorelockCourt of Appeals of Kentucky · 1913
  4. Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
  5. Grigsby v. BarrCourt of Appeals of Kentucky · 1878

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