Berryhill v. Holland
Court of Appeals of Kentucky
CASE 79. — ACTION BY LEONARD HOLLAND AGAINST LULA BERRYHILL FOR SLANDER. Appeal from Graves Circuit Court. R. J. Bugg, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES CITED. 1. Infants over 14 must be served personally with process. (Civil Code, 48 and 52.) 2. Failure to appoint guardian ad litem renders judgment erroneous merely and not void. (Oliver v. Park, 39 S. W., 423, 19 Ky.
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CASE 79. — ACTION BY LEONARD HOLLAND AGAINST LULA BERRYHILL FOR SLANDER. Appeal from Graves Circuit Court. R. J. Bugg, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES CITED. 1. Infants over 14 must be served personally with process. (Civil Code, 48 and 52.) 2. Failure to appoint guardian ad litem renders judgment erroneous merely and not void. (Oliver v. Park, 39 S. W., 423, 19 Ky. Law Rep., 179; Kellar v. Wilson, 90 Ky., 350, 14 S. W., 332; Simmons v. McKay, 3 Bush, 25; Pond v. Doneghy, 18 B. Mon., 558; Smith v. Ferguson, 3 Mete., 424; Richards v. Richards,…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Beversing.
On June 5, 1901. Lula Berryhill filed a petition in the Graves circuit court against Leonard Holland, alleging that he had slandered her, by uttering on different occasions words charging her with fornication.' The petition did not show that the defendant was an infant. Summons was issued upon it which was served upon the defendant. No answer having been filed to the petition, its allegations were taken as confessed, and a jury was sworn, who without hearing evidence returned a verdict against the defendant for the sum of $5,000. On October 14,…
2Cited by4 opinions
- Cain v. HallCourt of Appeals of Kentucky (pre-1976) · 1925
- Arnold v. LawsonCourt of Appeals of Kentucky · 1912
- Cox v. Interstate Coal Co.Court of Appeals of Kentucky · 1914
- Haddix v. WalterCourt of Appeals of Kentucky · 1924