Chiles v. Drake
Court of Appeals of Kentucky
CASE 31 — PETITION ORDINARY — APPEAL FROM MASON CIRCUIT COURT. cited Angelí on Limitations, 377; 6 Paige Ch. Rep., 195; Story’s Eq. PI., 389, 390; 4 Wash. Cir. Ct.
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CASE 31 — PETITION ORDINARY — APPEAL FROM MASON CIRCUIT COURT. cited Angelí on Limitations, 377; 6 Paige Ch. Rep., 195; Story’s Eq. PI., 389, 390; 4 Wash. Cir. Ct. Rep., 631; 4 Yerger, 94; 1 Abbott, 376 ; 20 Barbour, 441; 21 lb., 245 ; Constitution Ky., art. 2, sec. 37, and art. 13, secs. 13, 14; 4 Cush., 273 ; 4 Taunt., 355 ; 4 Denio, 461; 2 Woodbury <§• Minot, 122 ; 2 Greenlcaf, p. 250, note; 6 B. Mon., 303 ; 5 Louisiana Rep., 93. Civil Code, secs. 113, 114, 161; Act of 1856, Sess. Acts 1855-6, p. 96; Act of 1854, Sess. Acts 1853-4, vol. 1, 175; 6 Hill, 465; Appendix to “ Sedgwick on the…
1Opinion of the CourtChief Justice Simpson
This action was brought by Elizabeth W. Drake. She stated in her petition that she was the widow of George Drake, deceased, and had duly qualified as his administratrix.
*148She alleged, in the first paragraph in her petition, that the defendant, Chiles, “ had unlawfully killed, by shooting him with a pistol, her said husband, George Drake, not in self-defense.”
In the second paragraph she alleged that the defendant, “ by means of his willful neglect, shot and killed her said husband, to her great damage, &c.”
The defendant demurred to the petition, and his demurrer was overruled. It is now insisted…
2Cases cited1 opinion
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