Maysville & B. S. R. R. Co. v. Ball
Court of Appeals of Kentucky
Case 35 — Action to Enforce Judgments — APPEAL FROM MASON CIRCUIT COURT. Judgment for Plaintiff and Defendants Appealed. CLASSIFICATION OF QUESTIONS DISCUSSED. I. — APPEAL. 1. — As to appellees, Boyd and husband and Nelson et al. (1.) — The personal judgments in their favor against the M. & B. S. R. R. Co. are void because summons served on agent of the C. & 0. Ry.
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Case 35 — Action to Enforce Judgments — APPEAL FROM MASON CIRCUIT COURT. Judgment for Plaintiff and Defendants Appealed. CLASSIFICATION OF QUESTIONS DISCUSSED. I. — APPEAL. 1. — As to appellees, Boyd and husband and Nelson et al. (1.) — The personal judgments in their favor against the M. & B. S. R. R. Co. are void because summons served on agent of the C. & 0. Ry. Co., and it did not appear by the return of the officer on the summons or by affidavit that it could not have been served on M. & B. S. R. R. Co. under existing laws. Act of May 10th, 1890, Sess. Acts 1889-90, vol. 1, 135; 22 Am. &…
1Opinion of the Court
Opinion oi- the court by
JUDGE PAYNTER
Affirming.
This case was before this court on a former appeal, and the opinion delivered is found in 43 S. W. 731. The purpose of this action is to enforce a judgment which AY W. Ball recovered against the Maysville & Big Sandy Railroad Company, and one recovered by Boyd and wife and one by Nelson and wife against the same. The defense to t’he enforcement of each judgment differs somewhat,— especially as to the defense of the Ball judgment. A\re will consider the questions raised by the defense,? interposed on the several judgments.
Ball Judgment.
The…
2Cases cited7 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- York v. StateTexas Supreme Court · 1889
- York v. TexasSupreme Court of the United States · 1890
- New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
- Kauffman v. WoottersSupreme Court of the United States · 1891
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3Cited by21 opinions
- Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
- Morsbach v. Thurston CountyWashington Supreme Court · 1929
- Edwards v. SmithSupreme Court of Oklahoma · 1914
- Johnson v. CarrollCourt of Appeals of Kentucky · 1921
- Harrod v. HarrodCourt of Appeals of Kentucky · 1915
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