Whitlock v. Ledford
Court of Appeals of Kentucky
Case 65 — PLEADING, ABBITBATION APPEAL EROM TRIGG CIRCUIT COURT. 1. A cross-petition is defined by the ninety-sixth section of the Civil Code.. 2. A defendant is allowed a counter-claim against the plaintiff, but is not. allowed, in any ease, to make his answer a cross-action against the. plaintiff, as was done in this case. 3. The court erred in its judgment upon the law and facts of the case. 4. The court called attention to a pleading to which an amendment was-refused.
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Case 65 — PLEADING, ABBITBATION APPEAL EROM TRIGG CIRCUIT COURT. 1. A cross-petition is defined by the ninety-sixth section of the Civil Code.. 2. A defendant is allowed a counter-claim against the plaintiff, but is not. allowed, in any ease, to make his answer a cross-action against the. plaintiff, as was done in this case. 3. The court erred in its judgment upon the law and facts of the case. 4. The court called attention to a pleading to which an amendment was-refused. The amendment should have been allowed. (6 Ohio, 81;, Mount v. Tappy, 7 Bush; 15 B. Mon., 377; 13 lb., 466.) 5. Appellant…
1Opinion of the CourtChief Justice Hines
This is an action for trespass to land, the plaintiff' averring title in himself. The defendant denied title in the plaintiff, averred an arbitration and award by which it was determined that the title to the land in dispute was in the defendant, and alleged title in himself, and sought, by way of counter-claim, to recover of the-plaintiff the whole tract of land in controversy. The- ■ court adjudged the title to be 'in the defendant, and. that he recover of the plaintiff the land.
It is objected by appellant that such a counter-claim can not be set up in such an action.
Section 96, of the…
2Cases cited1 opinion
- Lansdale v. KendallCourt of Appeals of Kentucky · 1836
3Cited by6 opinions
- International Brotherhood of Teamsters of America v. ShapiroSupreme Court of Connecticut · 1951
- Kentucky River Mills v. JacksonCourt of Appeals for the Sixth Circuit · 1953
- Kentucky Coal Lands Co. v. Mineral Development Co.U.S. Circuit Court for the District of Kentucky · 1911
- Gannon v. McClannahanCourt of Appeals of Kentucky · 1924
- Renaker v. SmithCourt of Appeals of Kentucky · 1901
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