Hunt v. Semonin
Court of Appeals of Kentucky
Case 53 — ORDINARY APPEAL PROM BUTLER COURT .©P COMMON PLEAS. 1. Appellants’ motion to compel appellees to elect which cause of action they would prosecute should have been granted. 2. The general demurrer should have been sustained. 3. Appellee should have given appellants notice of the filing of the amended petition. ■4. The liability of appellants, if -it existed, was joint.
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Case 53 — ORDINARY APPEAL PROM BUTLER COURT .©P COMMON PLEAS. 1. Appellants’ motion to compel appellees to elect which cause of action they would prosecute should have been granted. 2. The general demurrer should have been sustained. 3. Appellee should have given appellants notice of the filing of the amended petition. ■4. The liability of appellants, if -it existed, was joint. The judgment is against them as individuals. 1. There was no motion made to compel appellees to elect. ‘2. The petition contains a complete cause of' action. ■'3. Appellants were not entitled to notice of filing the…
1Opinion of the Court
-JUDGE HAEGIS
delivered the opinion op the court.
Appellees instituted suit against appellants on two promissory notes, one signed Hunt-& Bro., and the other A. Hunt •& Bro., alleging that they were merchants and partners, ■doing business at Rochester, Kentucky. Appellant, A. Hunt, appeared, and moved to dismiss the petition on the .ground that it did not show a cause of action against him, •and because there was a misjoinder of parties defendant.
The court properly overruled the motion, if not for other -reasons, because it was not the manner such defects in the •petition could be reached, even…
2Cases cited1 opinion
- Nichols & Co. v. BurtonCourt of Appeals of Kentucky · 1869
3Cited by4 opinions
- Carroll Gas & Oil Co. v. SkaggsCourt of Appeals of Kentucky (pre-1976) · 1929
- Petry v. PetryCourt of Appeals of Kentucky · 1911
- Singer Sewing Machine Co. v. CombsCourt of Appeals of Kentucky (pre-1976) · 1928
- E. W. Ross Co. v. AkersCourt of Appeals of Kentucky · 1921