Thomson's Adm'r v. Williams
Court of Appeals of Kentucky
Case 4 — PETITION EQUITY I. At the time the judgment appealed from was rendered, the whole controversy on the merits and on the question of revivor was res judicata. (MS. Op., May 28, 1878; Williams, Receiver, v, Thomson’s Administrator, 80 Ky., 325.) 2. The judgment now appealed from is null and void. The court had no - power over the case, as it was not properly on the docket; nor had there been a revivor in the mode proscribed by law.
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Case 4 — PETITION EQUITY I. At the time the judgment appealed from was rendered, the whole controversy on the merits and on the question of revivor was res judicata. (MS. Op., May 28, 1878; Williams, Receiver, v, Thomson’s Administrator, 80 Ky., 325.) 2. The judgment now appealed from is null and void. The court had no - power over the case, as it was not properly on the docket; nor had there been a revivor in the mode proscribed by law. An order to tovívc an action against the personal representative of a defendant can not ho made unless -by consent, within six months after the,…
1Opinion of the CourtChief Justice Pryor
The present litigation should have a final termination. In an action in equity pending between Williams, Receiver, the present appellee, and Thomson’s administrator, the case was decided adversely to the receiver, and he appealed to this court. There were other appellees on the appeal besides Thomson’s administrator. When the case reached this court Thomson’s administrator moved to dismiss the appeal as to him, because he was not a party to the proceedings below. Thomson, who was a party, died before judgment, and an order of revivor was entered, but never issued or was served on his…
2Cases cited1 opinion
- Williams v. ThompsonCourt of Appeals of Kentucky · 1882
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- Phillips' v. RudyCourt of Appeals of Kentucky · 1912
- Scruby v. NormanMissouri Court of Appeals · 1902
- Davie's v. City of LouisvilleCourt of Appeals of Kentucky · 1916
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