Lowe v. Lowe
Court of Appeals of Kentucky
Case 27 — PETITION EQUITY APPEAL PROM PENDLETON CIRCUIT COURT. 1. As under section 395 of the Civil Code, the plaintiff is entitled to a trial when “he consents that the statements of the answer may be taken as true,” so it must be held, by analogy, that where a case is submitted for decision on motion of defendants, without the consent of the plaintiff, at the same term, or, as in this case, on the same day they filed their answer, the defendants, nothing else appearing in…
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Case 27 — PETITION EQUITY APPEAL PROM PENDLETON CIRCUIT COURT. 1. As under section 395 of the Civil Code, the plaintiff is entitled to a trial when “he consents that the statements of the answer may be taken as true,” so it must be held, by analogy, that where a case is submitted for decision on motion of defendants, without the consent of the plaintiff, at the same term, or, as in this case, on the same day they filed their answer, the defendants, nothing else appearing in the record, must be held as consenting that the statements of the petition may be taken as true, notwithstanding the…
1Opinion of the Court
JUDGE COFER
delivered the opinion op the court.
The appellant, who is the widow of Thomas W. Lowe, brought' this suit, alleging, in substance, that her husband and J. J. Monroe were partners in the business of farming; that they purchased certain lands, described in the petition, as partners, and paid for them with partnership money; that the lands were conveyed to them as partners, and were by them so held, treated, and used. She also alleged that her husband left no living descendants; that his estate was solvent, which, for the purposes of this case, we will treat as equivalent to an…
2Cases cited7 opinions
- Buckley v. BuckleyNew York Supreme Court · 1850
- Goodburn v. StevensCourt of Appeals of Maryland · 1847
- Smith v. JacksonNew York Court of Chancery · 1833
- Cornwall v. CornwallCourt of Appeals of Kentucky · 1869
- Dilworth v. MayfieldMississippi Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kentucky Block Cannel Coal Co. v. SewellCourt of Appeals for the Sixth Circuit · 1918
- Carter v. FlexnerCourt of Appeals of Kentucky · 1891
- Cain's Administrator v. HubbleCourt of Appeals of Kentucky · 1919
- Perin v. MegibbenCourt of Appeals for the Sixth Circuit · 1892
- In re CoddingDistrict Court, W.D. Pennsylvania · 1881
3 more not listed; retrieve them via the Exa API.