Legal Opinion

Joyes v. Hamilton

Court of Appeals of Kentucky

Decided January 26, 1874PublishedCited by 4 opinions

Case 21—PETITION ORDINARY— APPEAL FROM JEFFERSON COURT OF COMMON FLEAS. CITED Newman’s Pleading and Practice, p. 688. Schouler’s Domestic Relations, p. 72. Freeman on Judgments, secs. 98, 136. 6 Bush, 65. 6 B. Mon. 143. 4 Littell, 271, Peers v. Carter’s heirs. 1 Gow. 10, Antsey v. Manners. 9 Johnson, 149, Angel v. Felton. 4 Ala. 136, Gray v. Thacker. 3 Dana, 454, Cook v. Conway. 15 Johnson, 403, Gage v. Reed. 55 Maine, 254, Buffan v. Ramsdell.

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Case 21—PETITION ORDINARY— APPEAL FROM JEFFERSON COURT OF COMMON FLEAS. CITED Newman’s Pleading and Practice, p. 688. Schouler’s Domestic Relations, p. 72. Freeman on Judgments, secs. 98, 136. 6 Bush, 65. 6 B. Mon. 143. 4 Littell, 271, Peers v. Carter’s heirs. 1 Gow. 10, Antsey v. Manners. 9 Johnson, 149, Angel v. Felton. 4 Ala. 136, Gray v. Thacker. 3 Dana, 454, Cook v. Conway. 15 Johnson, 403, Gage v. Reed. 55 Maine, 254, Buffan v. Ramsdell. CITED Revised Statutes, chap. 47, art. 3, sec. 6. Civil Code, secs. 50, 159, 161. Freeman on Judgments, sec. 142. I Gow. 10 (5 Eng. C. L. 441), Antsey…

1Opinion of the CourtChief Justice Peters

This action was brought by appellee October 26, 1869, in the Jefferson Court of Common Pleas, against Clarence Joyes and Mary L. Joyes, then his wife, to recover judgment for a debt contracted by Mrs. Joyes before her marriage.

Process was executed on her on the day the action was instituted, but not on Clarence Joyes until the 19th of March, 1872.

On the 27th of April, 1872, appellee moved the \court for judgment against the defendants by default. On the 4th of May, 1872, said motion being undisposed of, appellee filed an amended petition, in which he alleged that since he filed his original…

2Cases cited3 opinions

  1. Whiting v. CochranMassachusetts Supreme Judicial Court · 1813
  2. Rutledge v. VanmeterCourt of Appeals of Kentucky · 1871
  3. McGrath v. BalserCourt of Appeals of Kentucky · 1845

3Cited by4 opinions

  1. Louisville Southern Railway Co.'s Receivers v. Tucker's AdministratorCourt of Appeals of Kentucky · 1899
  2. Foreman v. WaltersCourt of Appeals of Kentucky · 1917
  3. Wayman v. North Kentucky FairCourt of Appeals of Kentucky (pre-1976) · 1942
  4. Weller v. BissellCourt of Appeals of Kentucky · 1882

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