Legal Opinion

Clark v. Raison

Court of Appeals of Kentucky

Decided September 25, 1907PublishedCited by 5 opinions

C^SE 54. — ACTION BY C. L. RAISON, JR., FOR USE, ETC., AGAINST AUGUSTUS H.' CLARK TO ENFORCE A JUDGMENT. — Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge. Judgment for plaintiff, defendant appeals. — POINTS AND AUTHORITIES. 1. The petition does not properly plead judgment: Code ,see. 122; Laidly v. Cummings, 83 Ky., 606. 2. The court had. no jurisdiction because the title holder is not before the court.

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C^SE 54. — ACTION BY C. L. RAISON, JR., FOR USE, ETC., AGAINST AUGUSTUS H.' CLARK TO ENFORCE A JUDGMENT. — Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge. Judgment for plaintiff, defendant appeals. — POINTS AND AUTHORITIES. 1. The petition does not properly plead judgment: Code ,see. 122; Laidly v. Cummings, 83 Ky., 606. 2. The court had. no jurisdiction because the title holder is not before the court. No warning order against her: Brownfield v. Dyer, 7 Bush, 505. 3. It was error to give a judgment upon a domestic judgment. 4. The plea of res judicata i& good. 5. The plea of…

1Opinion of the Court

Opinion of the Court by

Judge Barker

Reversing.

Alfred R. Clark obtained a judgment against his brother, Augustus H. Clark, in the Campbell circuit court, for the sum of $1,185.35, which he assigned to the plaintiff, C. L. Raison, Jr. After a return of nulla bona by the sheriff of Campbell county, into whose hands the execution came, this action was instituted for a recovery and attachment,, under the provisions *488of section 439 of the Civil Code of Practice, and also to set aside a conveyance of certain real estate in the city of Dayton, Campbell county, Ky., to Emma J. Clark, the wife of the…

2Cases cited4 opinions

  1. Brownfield v. DyerCourt of Appeals of Kentucky · 1870
  2. Grigsby v. BarrCourt of Appeals of Kentucky · 1878
  3. Redwine v. UnderwoodCourt of Appeals of Kentucky · 1897
  4. Pheiffer v. HarrisCourt of Appeals of Kentucky · 1875

3Cited by5 opinions

  1. Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
  2. First National Bank v. Sanders Bros.Court of Appeals of Kentucky · 1915
  3. Potter v. Breaks Interstate Park CommissionKentucky Supreme Court · 1985
  4. Warrick v. McCormickCourt of Appeals of Kentucky · 1912
  5. Moorman v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1941

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