Hart v. Grigsby
Court of Appeals of Kentucky
Case 21 — PETITION ORDINARY APPEAL FROM BOYLE CIRCUIT COURT. . 1. The Lincoln Circuit Court being a court of general jurisdiction, and having jurisdiction of the subject-matter and of the parties in the proceedings of Grigsby and wife, to have her empowered to contract, etc., as a feme sole, the validity of the judgment of that court can not be questioned in a collateral proceeding, even though there may have been errors in the proceedings, unless the want of jurisdiction…
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Case 21 — PETITION ORDINARY APPEAL FROM BOYLE CIRCUIT COURT. . 1. The Lincoln Circuit Court being a court of general jurisdiction, and having jurisdiction of the subject-matter and of the parties in the proceedings of Grigsby and wife, to have her empowered to contract, etc., as a feme sole, the validity of the judgment of that court can not be questioned in a collateral proceeding, even though there may have been errors in the proceedings, unless the want of jurisdiction appears .affirmatively in the record. (Myers’s Supp. 728; Newcomb’s ex’r, &e. v. Newcomb, 13 Bush, 568; Yoorhees v. Bank…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
The appellant instituted this action at law in the Boyle Circuit Court against J. L. Ward and the appellee, Susan P. Grigsby, on a note for $2,853.78, dated February 16,1871, and due twelve months after date.
It appears, on the face of the note, that Mrs. Grigsby is only the surety of Ward, and she answered that, at the time of its execution, she was a married woman, and relied upon her coverture in bar of the action.
The appellant replied, that before the execution of the note, upon the joint petition of her husband and herself, Mrs. Grigsby was…
2Cases cited3 opinions
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