H. A. Thierman Co. v. Wolff
Court of Appeals of Kentucky
CASE 90. — SUIT BY H. A. THIEBMAN COMPANY AGAINST HENBY WOLFE AND OTHEBS IN THE NATUBE OF A BILL OF DISCOVEBY. Appeal from Jefferson Circuit Court (First Chancery Branch). Shackelford Miller, Judge. From a judgment overruling a demurrer to the answer plaintiff appeals.
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CASE 90. — SUIT BY H. A. THIEBMAN COMPANY AGAINST HENBY WOLFE AND OTHEBS IN THE NATUBE OF A BILL OF DISCOVEBY. Appeal from Jefferson Circuit Court (First Chancery Branch). Shackelford Miller, Judge. From a judgment overruling a demurrer to the answer plaintiff appeals. It will be observed that all the amended answer purports to plead is “that the cause of action set out in the petition herein, occurred more than’ 15 years next before this date,” and not before the suit was commenced. It has long been settled law in this State, both by statute and judicial decision, that “the pleader must go…
1Opinion of the Court
Opinion of the Court by
Chief Justice O ’Rear
Reversing.
Appellant obtained judgment against appellee Henry Wolff in the Jefferson circuit court on November 8, 1884. Execution issued on the judgment January 10,1885. It was returned “No property found. ” January 19, 1886, Wolff made a payment on the judgment. The same appellant obtained another judgment against Wolff on November 8, 1884, upon which execution was issued on January 10,1885. The *834execution was returned “No property found.” On this judgment appellee made a payment on January 19, 1886. On May 26, 1892, appellant filed a suit in the…
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