Legal Opinion

Jones v. Jones

Court of Appeals of Kentucky

Decided December 14, 1897PublishedCited by 9 opinions

Case 72 — PETITION ORDINARY APPEAL FROM CLARK CIRCUI COURT. 1. The court improperly permitted the appellee to state on the trial that he had told his father that his aunt, who was dead, had given him the notes and to detail the conversation in which lie had told his father all about what his aunt had said’ and how he came by the notes. This is nothing more nor less than an attempt to do indirectly what the law says shall not be done directly.

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Case 72 — PETITION ORDINARY APPEAL FROM CLARK CIRCUI COURT. 1. The court improperly permitted the appellee to state on the trial that he had told his father that his aunt, who was dead, had given him the notes and to detail the conversation in which lie had told his father all about what his aunt had said’ and how he came by the notes. This is nothing more nor less than an attempt to do indirectly what the law says shall not be done directly. Civil Code, sec. 606, sub-sec. 2; Cord v. Cord, 39 N. Y,, 317; Hardin’s Adm’r. v. Taylor, 78 Ky., 693; Manion’s Adm’r. y. Lambert’s Administratrix, 10…

1Opinion of the Court

•JUDGE BURNAM

delivered the opinion of the court.

Marj A. Jones died intestate and unmarried on the 9th day of July, 1895, leaving as her heirs at” law two brothers and a number of nephews and nieces. Among the latter was the appellee, William Jones, Jr. Appellants qualified as her administrators, and this suit at law was instituted by ap-pellee against them, alleging that he was the owner and in the possession of two promissory notes payable to Mary. A. Jones, one of them being for $1,200, due by L. P. and I. O. Skinner, and the other for $225, due by John Jones; that they had been given to…

2Cases cited4 opinions

  1. Harpending's ex'rs v. DanielCourt of Appeals of Kentucky · 1882
  2. Card v. . CardNew York Court of Appeals · 1868
  3. Gano v. McCarthy's adm'rCourt of Appeals of Kentucky · 1881
  4. Bradford v. RossCourt of Appeals of Kentucky · 1813

3Cited by9 opinions

  1. Singer v. SingerTexas Supreme Court · 1951
  2. Owen County v. WalkerCourt of Appeals of Kentucky · 1911
  3. Black v. McCarley's Ex'rCourt of Appeals of Kentucky · 1907
  4. Dick v. Harris' ExorCourt of Appeals of Kentucky · 1911
  5. Castle v. PersonsCourt of Appeals for the Eighth Circuit · 1902

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