Talbot v. Darnall
Court of Appeals of Kentucky
Error to the Montgomery Circuit. Chancery. Case 105. The case stated. Decree of the Circuit Court. Plea to the jurisdiction, answer filed together, the answer insisting upon the want of jurisdiction-Held that the answer not waiving the question of jurisdiction, that the Court should decide it.
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Error to the Montgomery Circuit. Chancery. Case 105. The case stated. Decree of the Circuit Court. Plea to the jurisdiction, answer filed together, the answer insisting upon the want of jurisdiction-Held that the answer not waiving the question of jurisdiction, that the Court should decide it. The residence of a necessary party to a suit in chancery in the jurisdiction ■where the suit is brought, will give jurisdiction to tahe cognizance of the case as to all the parties; the agent who borrowed money for his principal and became surety for the payment, is not a necessary party to a suit in…
1Opinion of the Court
Judge Breck
delivered the opinion of the Oourt.
William T. Darnall commenced this suit in chancery in the Montgomery Circuit Court against Talbot and Elias Darnall, seeking to recover from the former a large *487sum, which he alledged had been exacted from him in usury.
Decree of the Circuit Court. Plea to the jurisdiction, answer filed together, the answer insisting upon the want of jurisdiction-Held that the answer not waiving the question of jurisdiction, that the Court should decide it. The residence of a necessary party to a suit in chancery in the jurisdiction ■where the suit is brought, will…
2Cases cited1 opinion
- Maude v. RodesCourt of Appeals of Kentucky · 1836