Legal Opinion

Ditto v. Ditto's Adm'rs

Court of Appeals of Kentucky

Decided October 20, 1836PublishedCited by 4 opinions

Assumpsit. From the Circuit Court eor Hardin County. The action, and defence. Evidence. Demurrer to the evidence &c.and questions for decision. a party has a t0 demur to the evidence (written or verversL^&Thereby withdraw the j^10^01refer it to the Court, if”the evidence ry might draw an™circímstances: otherwise ty° rannot* Pbe B„t! Where the evidenoo is notcontmdictory.or re™aTVut'lis plain and direct, it is sufficient to state to be demurred to, is loose and…

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Assumpsit. From the Circuit Court eor Hardin County. The action, and defence. Evidence. Demurrer to the evidence &c.and questions for decision. a party has a t0 demur to the evidence (written or verversL^&Thereby withdraw the j^10^01refer it to the Court, if”the evidence ry might draw an™circímstances: otherwise ty° rannot* Pbe B„t! Where the evidenoo is notcontmdictory.or re™aTVut'lis plain and direct, it is sufficient to state to be demurred to, is loose and circumstantial,he who demurs to it must admit every fact proved, and every inference which a jucompelled to join in the demurrer. the…

1Opinion of the Court

Judge Marshall

delivered the Opinion of the Court.

This was an action of assumpsit, brought in 1833, by Ditto and Lansdale, against the administrators of Henry Ditto, deceased, for goods, wares and merchandise sold to the intestate. The defendants pleaded the general issue, and had leave to give in evidence any matter which could have been specially pleaded.

It appears, that they relied upon the fact, that the action was founded upon a merchant’s account^and that it was not commenced within twelve months. The plaintiffs relied upon proof of an acknowledgment of the account or debt, sufficient to…

2Cases cited2 opinions

  1. Chapize v. BaneCourt of Appeals of Kentucky · 1809
  2. White v. FoxCourt of Appeals of Kentucky · 1809

3Cited by4 opinions

  1. City of Louisa v. HortonCourt of Appeals of Kentucky (pre-1976) · 1935
  2. Brown's Admr v. OsborneCourt of Appeals of Kentucky · 1910
  3. Marcum's Admx. v. TerryCourt of Appeals of Kentucky · 1912
  4. Lamkin v. Cambron's AdministratorsCourt of Appeals of Kentucky · 1922

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