Kellar v. Stanley
Court of Appeals of Kentucky
Case 36 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The court having jurisdiction of the person and of the subject-matter, the judgment can not be collaterally attacked, no matter how irregulai the proceedings. (Grigsby v. Barr, 14 Bush, 332.) .2. Jurisdiction in attachment oases depends upon the actual or constructive service of process, and not upon the plaintiff’s affidavit nor upon the clerk’s order.
Read the full summary
Case 36 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The court having jurisdiction of the person and of the subject-matter, the judgment can not be collaterally attacked, no matter how irregulai the proceedings. (Grigsby v. Barr, 14 Bush, 332.) .2. Jurisdiction in attachment oases depends upon the actual or constructive service of process, and not upon the plaintiff’s affidavit nor upon the clerk’s order. (Allen v. Brown, 4 Met., 342; Cooper v. Reynolds, 10 Wallace; Paul v. Smith, 82 ICy., 451; Freeman on Judgments, sec. 119.) 1. Remainderman may have action against life…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
By will admitted to record in. 1843, in. the State of Mississippi, and subsequently recorded in the Jefferson ■county court clerk’s office, William Cotton devised to Mary Bryant, for life, remainder in fee to her children, the lot of land in controversy situated iu the city of Louisville.
In 1847 Mary Bryant, her husband joining in the deed, conveyed her interest in the lot to Henning, who ■conveyed to I)elph, and in 1856 the latter conveyed the .same interest to Michael Fillion, there being in the deed to him the following recital: “The estate…
2Cases cited3 opinions
- Simmons v. McKayCourt of Appeals of Kentucky · 1868
- Hall v. GroganCourt of Appeals of Kentucky · 1879
- Owings's v. MyersCourt of Appeals of Kentucky · 1814
3Cited by28 opinions
- Anderson v. NorthropSupreme Court of Florida · 1892
- White v. JohnsonOregon Supreme Court · 1895
- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- Chenoweth v. BullittCourt of Appeals of Kentucky (pre-1976) · 1928
- Sleeper v. KillionSupreme Court of Iowa · 1914
23 more not listed; retrieve them via the Exa API.