Petty v. Wilbur Stock Food Co.
Court of Appeals of Kentucky
CASE 13. — ACTION BY WILBUR STOCK FOOD COMPANY AGAINST .A. E. PETTY'. — Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge.
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CASE 13. — ACTION BY WILBUR STOCK FOOD COMPANY AGAINST .A. E. PETTY'. — Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. Prom the judgment defendant appeals — POINTS AND AUTHORITIES. 1. Kenton county having a population of less than 150,000, with courts of continuous session and a city of the second class, which however, was not its county seat, this cause should- have been transferred to the latter, appellant residing nearer to said county seat, than to said city. (Section 980, Kentucky Statutes.) 2. Section 340 and 342, Kentucky Code, do not apply to a motion to set aside a…
1Opinion of the Court
Opinion op the Court by -
Judge Hobson
Reversing.
On January 20, 1906, the Wilbur Stock Food Company filed its petition in the Kenton circuit court; against A. E. Petty to recover judgment against him on a note for $1,500, dated December 23, 1905, and due 10 days after date. On March 5, 1906, process having been served and no answer having been filed, a judgment was entered in favor of the plaintiff as prayed in the petition. On March 31st the defendant, A. E. Petty, filed a motion to transfer the ease to Independence, and at the same time moved the court to set aside the judgment of March 5,…
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