Myers v. Douglass
Court of Appeals of Kentucky
Case 46 — PETITION ORDINARY APPEAL. FROM LINCOLN CIRCUIT COURT. 1. The 'paper styled an 'answer was not an answer, because under the express terms of section 473, Kentucky Statutes, it must be sworn to before it 'becomes such; 'and appellant’s right ¡to move the court for a judgment, notwithstanding the verdict, could not have been waived. That motion should surely have been sustained. (Ky.
Read the full summary
Case 46 — PETITION ORDINARY APPEAL. FROM LINCOLN CIRCUIT COURT. 1. The 'paper styled an 'answer was not an answer, because under the express terms of section 473, Kentucky Statutes, it must be sworn to before it 'becomes such; 'and appellant’s right ¡to move the court for a judgment, notwithstanding the verdict, could not have been waived. That motion should surely have been sustained. (Ky. Stats., sec. 473; Civil Oode, sec. 386.) 2. The plea ¡of non est factum is required always to be sworn to, because the courts would, in favor of innocence, presume' a paper 'purporting 'to be signed by a…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
This action was on a promissory note. Tbe plea was non est factum. After a trial and verdict for tbe defendant *268the plaintiff moved the court for a judgment for him, notwithstanding- the verdict, because the answer was not verified.
Unitl after the verdict no question seems to have been made that there was no verification of the answer. There is no question made nor could there be that the answer did not contain facts sufficient to constitute a good plea of non est factum.
Section 473, Kentucky Statutes, provides that “the execution of a writing on…
2Cited by4 opinions
- Hite v. ReynoldsCourt of Appeals of Kentucky · 1915
- Horton v. HortonCourt of Appeals of Kentucky (pre-1976) · 1936
- Mutual Oil Refining Co. v. ClayCourt of Appeals of Kentucky · 1924
- Overbee v. Fordson Coal Co.Court of Appeals of Kentucky (pre-1976) · 1932