Clark v. Raison
Court of Appeals of Kentucky
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
- Brownfield v. DyerCourt of Appeals of Kentucky · 1870
- Grigsby v. BarrCourt of Appeals of Kentucky · 1878
- Redwine v. UnderwoodCourt of Appeals of Kentucky · 1897
- Pheiffer v. HarrisCourt of Appeals of Kentucky · 1875
3Cited by5 opinions
- Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
- First National Bank v. Sanders Bros.Court of Appeals of Kentucky · 1915
- Potter v. Breaks Interstate Park CommissionKentucky Supreme Court · 1985
- Warrick v. McCormickCourt of Appeals of Kentucky · 1912
- Moorman v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1941