Prichard's v. Peace
Court of Appeals of Kentucky
Case 19 — PETITION EQUITY — APPEAL FROM KNOX CIRCUIT COURT. 1. The judgment is erroneous because part of the heirs of Jno. Peace are made defendants without any reason given in the pleading why they are not made plaintiffs, and these defendants are adjudged to recover as well as plaintiffs without any prayer therefor in the petition. (Civil Code, see. 24.) 2. The motion to take the answer, set-off and counter-claim as true ought to have prevailed.
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Case 19 — PETITION EQUITY — APPEAL FROM KNOX CIRCUIT COURT. 1. The judgment is erroneous because part of the heirs of Jno. Peace are made defendants without any reason given in the pleading why they are not made plaintiffs, and these defendants are adjudged to recover as well as plaintiffs without any prayer therefor in the petition. (Civil Code, see. 24.) 2. The motion to take the answer, set-off and counter-claim as true ought to have prevailed. (Civil Code, secs. 126, 127; Evans v. Stone, 80 Ky., 78.) It is clear from the evidence that appellant has gotten by the judgment appealed from…
1Opinion of the Court
.JUDGE EASTIN
delivered the opinion oe hie court.
This action was brought in the Whitley Circuit Court by the administrator and some of the heirs of John Peace, deceased, against the executors of W. M. Prichard, deceased. and one Owens, as surety on Prichard’s bond as dd-ministrator of the estate of said Peace. It is alleged in the petition that Prichard, as administrator of John Peace, deceased, had received money and personal property to a considerable amount, which he had failed to account for during his life, and that he was, on this account, indebted to plaintiffs in the sum of more than…
2Cases cited1 opinion
- Bowen v. SebreeCourt of Appeals of Kentucky · 1867
3Cited by3 opinions
- Taylor v. WilsonCourt of Appeals of Kentucky · 1918
- Central Acceptance Corporation v. RachalCourt of Appeals of Kentucky (pre-1976) · 1936
- Maiden v. StewartCourt of Appeals of Kentucky · 1915