Howard's adm'r v. Leavell's adm'x
Court of Appeals of Kentucky
Case 8—PETITION ORDINARY— APPEAL PROM CHRISTIAN CIRCUIT COURT. CITED 'General Statutes, chap. 39, art 2, secs. 35, 36, 37. Civil Code, sections 437, 473, 611. Constitution of United States, art. 4, sec. 1. 7 Cranch, 481, Mills v. Duryee. 1 Met. 600, Trabue’s ex’r v. Harris. 7 Bush, 301, Curry’s adm’r v. Bryant’s adm’r. 15 B. Mon. 364, Rogers v. Rogers. 15 B. Mon. 181, Thomas’s ex’r v. Thomas. CITED 1 Met. 600, Trabúé’s ex’r v. Harris.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
This is an. action founded upon a foreign judgment. Before the institution of the proceeding the agent of the plaintiff, wh.o is a non-resident, demanded the payment of the claim from the administratrix of the decedent. Pie accompanied his demand with a statement of the judgment and the affidavit required by sections 35 and 36, article 2, chapter 39, General Statutes. Upon a .rule the action was dismissed, the court below being of opinion that the demand was not so made as to make it the duty of the administratrix to pay. The affidavit was made…
2Cited by4 opinions
- Harding v. BullardCourt of Appeals of Kentucky · 1916
- Huffman v. Moore's AdministratorCourt of Appeals of Kentucky · 1897
- Stix v. Eversole's AdministratorCourt of Appeals of Kentucky · 1899
- Laughlin's Adm'r v. Owingsville & Mt. Sterling Tpk. Co.Court of Appeals of Kentucky · 1880