Gill v. Johnson's Administrators
Court of Appeals of Kentucky
CASE 59 — PETITION EQUITY APPEAL FROM JESSAMINE CIRCUIT COURT. In this proceeding in equity an attachment was sued out against appellant as a non-resident, and upon constructive service, without appearance, judgment was rendered for the plaintiffs, from which this appeal is prosecuted.
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CASE 59 — PETITION EQUITY APPEAL FROM JESSAMINE CIRCUIT COURT. In this proceeding in equity an attachment was sued out against appellant as a non-resident, and upon constructive service, without appearance, judgment was rendered for the plaintiffs, from which this appeal is prosecuted. The judgment provided that the plaintiffs might receive the money “when they give bond in the clerk’s office of this court as required by law, and the court retains power over the judgment, and the papers are filed away.” The remaining facts appear in the opinion of the court. There was no affidavit as required…
1Opinion of the CourtChief Justice Simpson
This action was brought against a non-resident. The defendant was constructively summoned, but did not appear. In such a case, the statements of the petition, except such as are for the benefit of the defendant, are not to be taken as true, but are to be established by proof. (Civil Code, sec. 439.)
Is it incumbent on the plaintiff, under this requisition of the Code, to prove the execution of a promissory note, which he holds upon the defendant, and which is the foundation of the *651claim asserted in the petition, or is the note itself prima facie evidence of indebtedness on the part of the…
2Cases cited1 opinion
- Garland v. Denny & ColstonCourt of Appeals of Kentucky · 1842
3Cited by5 opinions
- Allen v. BrownCourt of Appeals of Kentucky · 1863
- Barret v. CoburnCourt of Appeals of Kentucky · 1861
- Salter v. DunnCourt of Appeals of Kentucky · 1866
- Courtney v. DunningCourt of Appeals of Kentucky · 1923
- Hathaway v. MorrisCourt of Appeals of Kentucky · 1872