Webber v. Webber
Court of Appeals of Kentucky
CASE 4 — PETITION EQUITY AÍPEAE FROM MADISON CIRCUIT COURT. The facts are sufficiently stated in the opinion of the court. 1. The depositions upon which the appellees obtained a decree, were taken without notice, and before a guardian was appointed for the appellant, George Webber. 2. The action did not stand for trial at the term in which the judgment was rendered, because there was an issue of fact made up by the pleadings — there was no consent that the answer should be…
Read the full summary
CASE 4 — PETITION EQUITY AÍPEAE FROM MADISON CIRCUIT COURT. The facts are sufficiently stated in the opinion of the court. 1. The depositions upon which the appellees obtained a decree, were taken without notice, and before a guardian was appointed for the appellant, George Webber. 2. The action did not stand for trial at the term in which the judgment was rendered, because there was an issue of fact made up by the pleadings — there was no consent that the answer should be taken as true — nor could the pleadings have been made up ninety days before the commencement of the term. (Civil Code,…
1Opinion of the CourtChief Justice Wheat
This is an appeal from a judgment of the Madison circuit court, by which the appellees recovered some land, and under which the land was conveyed to them by a commissioner.
Several objections are now taken to the judgment. We will notice them in the order as set forth.
The first error complained of, is that the depositions were taken without notice, and taken two days before the appointment of the guardian ad litem to the infant defendant, George Webber. As no exception was taken to the depositions in the *20court below, these objections must be considered as waived, and cannot now be relied upon,…
2Cases cited1 opinion
- Bridges v. RidgleyCourt of Appeals of Kentucky · 1822
3Cited by22 opinions
- Hooker v. HubbardMassachusetts Supreme Judicial Court · 1869
- Cheatham v. WhitmanCourt of Appeals of Kentucky · 1888
- Hitt v. CarrIndiana Court of Appeals · 1921
- Gay v. RookeMassachusetts Supreme Judicial Court · 1890
- Central National Bank v. HubbelMassachusetts Supreme Judicial Court · 1927
17 more not listed; retrieve them via the Exa API.