Raymon v. Reed
Court of Appeals of Kentucky
APPEAL PROM NICHOLAS CIRCUIT. The facts of the case are stated in the opinion of the court. Rep. The court below erred in rendering judgment against the appellant.
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APPEAL PROM NICHOLAS CIRCUIT. The facts of the case are stated in the opinion of the court. Rep. The court below erred in rendering judgment against the appellant. By the Code of Practice, chapter 5, section 107, it is expressly declared that where the action is against a single defendant the plaintiff shall not be entitled to judgment unless the defendant is served with the summons in the county in which the action is brought, unless the defendant appears and fails to object for the want of proper service. If the defendant does appear and objects, as was done by appellant in this case, the…
1Opinion of the Court
Judge Crenshaw
delivered the opinion of the Court.
This suit was brought against Raymon by Reed in the Nicholas Circuit Court, where Raymon resided, upon a note executed by Raymon for $2,231 25. Process was issued to the county of Nicholas, and also to the county of Bourbon; each summons was executed ; the one which issued to Bourbon was served more than ten days before the ensuing term of the Nicholas Circuit Court, but the one which issued to Nicholas was not served in time for a judgment at the next Court.
Upon the calling of the cause at the ensuing term the defendant appeared and showed…
2Cited by3 opinions
- Smith v. FergusonCourt of Appeals of Kentucky · 1861
- Ruby v. GraceCourt of Appeals of Kentucky · 1866
- Amyx v. Smith's AdministratrixCourt of Appeals of Kentucky · 1859