McDowell v. Chesapeake, Ohio & Southwestern Railroad
Court of Appeals of Kentucky
Case 55 — PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT. The defendant, by filing a general demurrer to plaintiff’s petition, entered its appearance to the action, and could not thereafter question the court’s jurisdiction over its person.
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Case 55 — PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT. The defendant, by filing a general demurrer to plaintiff’s petition, entered its appearance to the action, and could not thereafter question the court’s jurisdiction over its person. (Civil Code, secs. 19, 118, 309, 312; Barbour v. Newkirk, 83 Ky., 532;- Barton v. Barton, 80 Ky., 214; Baker v. Railroad Company, 4 Bush, 623; Boone on Code Pleading, sec. 259; Meixwell v. Kirkpatrick, 29 Ivan., 679; Burdett v. Corgan, 26 Kan., 102; Insurance Co. v. Lemke, 40 Kan.', 142; Elliot v. Lawhead, 43 Ohio St., 171; Grantier v. Rosecrance, 27…
1Opinion of the Court
■JUDGE PRYOR
delivered the opinion op the court.
This case is here for the second time. The court below sustained a general demurrer to the petition, holding that the facts alleged did not authorize a recovery. On the appeal the judgment below was •reversed, and remanded for a trial on the merits. When called for trial the defendant filed an answer, alleging a want of jurisdiction over the person of the ■defendant, and on the hearing the action was dismissed on that ground.
The only question we deem necessary to consider on this appeal is, has the defendant below, by filing its general demurrer…
2Cited by6 opinions
- Black v. Elkhorn Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1930
- Maverick Oil & Gas Co. v. HowellCourt of Appeals of Kentucky · 1922
- Brumleve v. CronanCourt of Appeals of Kentucky · 1917
- National Seed Co. v. LeavellCourt of Appeals of Kentucky · 1924
- Smith v. WellsCourt of Appeals of Kentucky (pre-1976) · 1937
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