May v. Williams
Court of Appeals of Kentucky
Case 99 — Action to Enforce Vendor's Lien and fob an Injunction APPEAR FROM PIKE CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The judgment should not have been rendered oh the notes until after the trial of the motion to dissolve the temporary injunction on the whole case. 2 Ex parte affidavits are not competent evidence on the trial of a motion of this kind under sec. 291 of the Civil Code; the only competent evidence is either oral or written, or…
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Case 99 — Action to Enforce Vendor's Lien and fob an Injunction APPEAR FROM PIKE CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The judgment should not have been rendered oh the notes until after the trial of the motion to dissolve the temporary injunction on the whole case. 2 Ex parte affidavits are not competent evidence on the trial of a motion of this kind under sec. 291 of the Civil Code; the only competent evidence is either oral or written, or depositions. 3. The judgment overruling the motion to dissolve is flagrantly against the evidence. Civil Code, secs. 277 .and…
1Opinion of the Court
*683Opinion op the court BY
JUDGE! HOBSON
Affirming.
Appellee, U. K. Williams, sold and conveyed to appellant, R. T. May, a tract of land in Pike county for f.3001, payable in three installments of $100 each, «n May 1, 1898, September 1, 1898, and February 28, 1899, for which appellant and two others, as his sureties, executed to him their notes. On October 7, 1898, appellee filed this action, in which he alleged that the two first notes were unpaid; that appellant and both his sureties were insolvent; that appellant was about to cut and remove from the land the timber on it,, which was valuable;…
2Cases cited1 opinion
- Simrall v. GrantCourt of Appeals of Kentucky · 1881
3Cited by2 opinions
- Rallihan v. MotschmannCourt of Appeals of Kentucky · 1918
- Evans v. EvansCourt of Appeals of Kentucky (pre-1976) · 1929