Le Moyne v. Anderson
Court of Appeals of Kentucky
Case 78. — ACTION BY JOHN V. LB MOYNE AGAINST J. R. ANDERSON BOR LAND IN WHICH CALVIN TRAMMELL AND ANOTHER INTERVENE. — Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge.
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Case 78. — ACTION BY JOHN V. LB MOYNE AGAINST J. R. ANDERSON BOR LAND IN WHICH CALVIN TRAMMELL AND ANOTHER INTERVENE. — Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. From the judgment plaintiff appeals. 1. The proposition that a plaintiff is entitled to a judgment in the absence of defense, in a case where the court has jurisdiction of the parties and subject, and the facts stated in his petition entitle him-to relief, requires no citation of authority to support it. 2. The trial court erred after dismissing the counter-claim and cross-petition of the intervening claimants…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Affirming.
Appellant, J ohn V. Le Moyne, instituted this action on August 5, 1904, against J. R. Anderson. He alleged in his petition that he was the owner and entitled to the possession of a certain boundary of land; that Anderson in August, 1904, had entered on the land, forcibly cutting and carrying away the timber which represented nearly the entire value of the land; that he was then engaged in cutting and removing-the timber from the land, and would continue to do so unless restrained; that he was insolvent, and a judgment against him for the value of the…
2Cases cited4 opinions
- Hall v. MartinCourt of Appeals of Kentucky · 1889
- Murphy v. Cochran's trusteeCourt of Appeals of Kentucky · 1882
- Moore v. BonerCourt of Appeals of Kentucky · 1869
- Harris v. LavinCourt of Appeals of Kentucky · 1884
3Cited by12 opinions
- Tackett v. GreenCourt of Appeals of Kentucky · 1920
- General Motors Acceptance Corp. v. Sharp Motor Sales Co.Court of Appeals of Kentucky (pre-1976) · 1930
- French v. ChildersCourt of Appeals of Kentucky (pre-1976) · 1939
- Louisville Bridge Co. v. SieberCourt of Appeals of Kentucky · 1914
- Meek v. DavisCourt of Appeals of Kentucky · 1920
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