Jarboe v. Colvin
Court of Appeals of Kentucky
CASE 18 — PETITIONS ORDINARY APPEALS PROM MARION CIRCUIT COURT. CITED— 2 Met., 177; Chenoweth vs. Fielding. 3 Met., 248; Finnell vs. Cox. Civil Code, secs. 670, 728, 729, 259, 260, 145, 588. 1 Met., 489 ; Patterson vs. Caldwell. Revised Statutes, Myers' Supplement, p. 714. MSS. Opn., June, 1858; Moore's adm'r vs. Shepherd,. 4 Dana, 186; Campbell vs. Johnson. MSS. Opn., December 8, 1866; Abell vs. Park. CITED— 2 Met., 209, 211; Schwein vs. Sims.
Read the full summary
CASE 18 — PETITIONS ORDINARY APPEALS PROM MARION CIRCUIT COURT. CITED— 2 Met., 177; Chenoweth vs. Fielding. 3 Met., 248; Finnell vs. Cox. Civil Code, secs. 670, 728, 729, 259, 260, 145, 588. 1 Met., 489 ; Patterson vs. Caldwell. Revised Statutes, Myers' Supplement, p. 714. MSS. Opn., June, 1858; Moore's adm'r vs. Shepherd,. 4 Dana, 186; Campbell vs. Johnson. MSS. Opn., December 8, 1866; Abell vs. Park. CITED— 2 Met., 209, 211; Schwein vs. Sims. Act of 1861, sec. 11, Myers' Sup., 40.
1Opinion of the CourtChief Justice Williams
deuivered the opinion op the court:-
Some twenty creditors of Wm. Jarboe sued out separate attachments against him, and these were heard together without an order of consolidation.
*72Some of these plaintiffs were permitted to. testify in behalf of others, and of this Jarboe complains.
By subdivision 6, section 670, Civil Code, only parties to the issue, or parties interested in the issue, are rendered incompetent; the rejection of some could only be erroneous as to the plaintiffs. These several plaintiffs were no parties to the issue as to the others, nor were' they interested, as each must stand…
2Cases cited1 opinion
- Hahn v. PindellCourt of Appeals of Kentucky · 1866
3Cited by5 opinions
- Franks v. LucasCourt of Appeals of Kentucky · 1878
- Kelley v. RamseyCourt of Appeals of Kentucky · 1917
- Harris v. Louisville Trust Co.Court of Appeals of Kentucky · 1918
- Cofer v. MillerCourt of Appeals of Kentucky · 1870
- Jones v. WilliamsCourt of Appeals of Kentucky · 1878