Leatherman v. Times Co.
Court of Appeals of Kentucky
Case 48 — PETITION ORDINARY. — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. One sued and answering to the merits, can not subsequently plead ■ that there was a misnomer, and • interpose the statute of limitations that would not have availed at the time of the first answer. (Heck-man v. L. & N. R. R. Co., 9 Ky. L. R., 297; Sherman v. Proprietors •of C. Riv.
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Case 48 — PETITION ORDINARY. — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. One sued and answering to the merits, can not subsequently plead ■ that there was a misnomer, and • interpose the statute of limitations that would not have availed at the time of the first answer. (Heck-man v. L. & N. R. R. Co., 9 Ky. L. R., 297; Sherman v. Proprietors •of C. Riv. B., 11 Mass., 338; Smith v. Bowker, 1 Mass., 76; Valentine v. Mahoney, 37 Cal., 389; Russell v. Mallon, 38 Cal., 297; Mo-Lung v. Evesding, 54 Cal,, 168; First Nat. Bk. of Baltimore v. daggers, 31 Md., 38; L. & N. R. R. Co. v. Hall, 12…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion on the court.
The appellant, in November, 1884, commenced action against the Times Company as an incorporated institution for the purpose of printing and publishing a newspaper, called the Louisville Times, &c., and Dr. Keller. The appellant sought to recover damages for an alleged libel published in said paper upon him. The appellant dismissed the action as to Dr. Keller.
An answer was filed in the name of the Times Company, without disclosing whether or not it was an *293incorporated institution or merely a private concern, alleging the truth of the libelous…
2Cases cited1 opinion
- Heckman's Adm'r v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1887
3Cited by16 opinions
- Geneva Cooperage Co. v. BrownCourt of Appeals of Kentucky · 1906
- Duncan v. Smith Brothers Grain Co.Texas Supreme Court · 1924
- Vassill's Adm'r v. ScarsellaCourt of Appeals of Kentucky (pre-1976) · 1942
- Goldstein v. Peter Fox Sons Co.North Dakota Supreme Court · 1912
- Bowles v. Marx Hide & Tallow Co.District Court, W.D. Kentucky · 1945
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