Chaffin v. Fulkerson
Court of Appeals of Kentucky
Case 47 — PETITION ORDINARY APPEAL PROM LAWRENCE CIRCUIT COURT. The judgment is void, and for the error of the court in refusing to set it aside, it should be reversed. (Civil Code, secs, 125, 763; Blackwell v. Townsend, 13 Ky. Law Rep., 290; Dorsey v. Kendall, 8 Bush, 294; Anthony v. Kasey, 5 Am. St. Rep., 27; Falls v. Wright, 29 Am. St. Rep., 74; Seamster v. Blackstock, 5 Am.
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Case 47 — PETITION ORDINARY APPEAL PROM LAWRENCE CIRCUIT COURT. The judgment is void, and for the error of the court in refusing to set it aside, it should be reversed. (Civil Code, secs, 125, 763; Blackwell v. Townsend, 13 Ky. Law Rep., 290; Dorsey v. Kendall, 8 Bush, 294; Anthony v. Kasey, 5 Am. St. Rep., 27; Falls v. Wright, 29 Am. St. Rep., 74; Seamster v. Blackstock, 5 Am. St. Rep., 262.) 1. The appellant has utterly failed to account for his absence; hut even if he had done so, that would not be sufficient to entitle him to have the judgment set aside. He must also show due diligence in…
1Opinion of the CourtChief Justice Bennett
The appellee was ruled to make his petition more definite. lie attempted to do so, but failed. And on the 18th of September, 1889, he filed in court a petition as a substitute for the original petition and amendments. The substituted petition alleged that the appellee was the owner of seven hundred and thirty-three acres of land, giving its metes and bounds. It was alleged that the appellee had the possession of the survey, except the parcels that two of the defendants held, without, right, which parcels were described by metes and bounds in their answers thereto, filed in this case. It was…
2Cited by4 opinions
- Brumleve v. CronanCourt of Appeals of Kentucky · 1917
- Moody v. ReichowWashington Supreme Court · 1905
- Middleton v. GravesCourt of Appeals of Kentucky (pre-1976) · 1929
- Modern Woodmen of America v. SheildsCourt of Appeals of Kentucky · 1924