Wheeler v. Wales
Court of Appeals of Kentucky
CASE 71 — PETITION ORDINARY — APPEAL PROM JOHNSON CIRCUIT COURT. CITED— 4 Mon., 8; Wagoner vs. The Bells. Civil Code, sec. 161. MSS. Opn., Dec. term, 1853; Coil vs. Howard. Revised Stat., sec. 14; 2 Stant., 400, and notes.
1Opinion of the Court
JUDGE HARDIN
delivered the opinion op the court:
It appears from the bill of exceptions, that, after the jury was sworn, the plaintiff moved the court “ to strike from the record the amended answer of the defendant, which had been filed in open court before the swearing of the jury,” because the same had not been verified ; and although the defendant then offered to swear ' to the pleading, the court refused to allow him to do so, and sustained the motion of the plaintiff; and this ruling is complained of as an error for which the judgment against the appellant should be reversed.
The amended…
2Cited by7 opinions
- Bullock v. YoungCourt of Appeals of Kentucky (pre-1976) · 1933
- City of Dayton v. HirthCourt of Appeals of Kentucky · 1905
- Schneider v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Bedford-Nugent Co. v. HerndonCourt of Appeals of Kentucky · 1922
- Bellamy v. KrebsCourt of Appeals of Kentucky (pre-1976) · 1926
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