Jones v. Wocher
Court of Appeals of Kentucky
Case 38 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1, The second paragraph of the reply pleading that the husband ratified and approved the wife’s conduct in trading, and expressly promised “to pay the balance due thereon,” was a departure from the cause of action stated in the petition, and the court properly sustained a demurrer thereto. (16 O. S., 533-9; 18 O. S., 262; 4 Mo.
Read the full summary
Case 38 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1, The second paragraph of the reply pleading that the husband ratified and approved the wife’s conduct in trading, and expressly promised “to pay the balance due thereon,” was a departure from the cause of action stated in the petition, and the court properly sustained a demurrer thereto. (16 O. S., 533-9; 18 O. S., 262; 4 Mo. App., 470; 78 Ind., 249; 5 Bekf., 246-307; 1 Bibb., 273, 452; 4 Bibb., 27; Hardin, 171; Robinson’s Pleading and Pr., vol. 7, pp. 706-7, 714, 715.) Plaintiff having stood on this pleading, all…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
No exception was taken by the appellant, Arthur Jones, to the instructions given to the jury, nor to *232the refusal of the court to give those asked by him. The only grounds upon which a new trial was asked are: “(1) The verdict is not sustained by sufficient evidence; (2) the verdict is contrary to law.”
This court has repeatedly decided that a mere statement that the finding is contrary to law is too general to admit of consideration. It calls the. attention of the court to no particular error, and the lower court should not be required, upon such an…
2Cited by9 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Charles Taylor Sons Co. v. HuntCourt of Appeals of Kentucky · 1915
- Ortwein v. DrosteCourt of Appeals of Kentucky · 1921
- Welch v. JenkinsCourt of Appeals of Kentucky · 1921
- Rockcastle County v. BowmanCourt of Appeals of Kentucky (pre-1976) · 1938
4 more not listed; retrieve them via the Exa API.