Newport News, Co. v. Thomas
Court of Appeals of Kentucky
Case 102 — PETITION ORDINARY — APPEAL FROM HENDERSON CIRCUIT COURT. 1. The court should have sustained motion to quash return on summons. (Barbourvillo Beal Estate Co. v. Matthews, 14 Ky. Law Kep., 767; L. & N. R. Co. v. Howard, 15 Ky. Law Kep.. 25.) 2. Appellee was not entitled to the twenty-five per cent, penalty. The notice did not specify either the time or place of the appraisement. (L. & N. R. Co. v. Brown, 3 Ky.
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Case 102 — PETITION ORDINARY — APPEAL FROM HENDERSON CIRCUIT COURT. 1. The court should have sustained motion to quash return on summons. (Barbourvillo Beal Estate Co. v. Matthews, 14 Ky. Law Kep., 767; L. & N. R. Co. v. Howard, 15 Ky. Law Kep.. 25.) 2. Appellee was not entitled to the twenty-five per cent, penalty. The notice did not specify either the time or place of the appraisement. (L. & N. R. Co. v. Brown, 3 Ky. Law Rep., 82.) 3. An order giving- time until a certain day to file a bill of exceptions authorizes the filing on that day. (Freeman v. Brenham, 17 B. M., -609; Meadows v.…
1Opinion of the Court
JUDGE HAZIiLRIGG
delivered thic opinion ov ti-ie court.
The motion, of the appellant in this case to quash the return of the officer on the summons does not state the grounds of the motion. It was the duty of the defendant to have done this, and not only so, but he must have pointed out to the plaintiff, if *615within Ms knowledge, the proper person upon whom .service conld be had. (Wait’s Actions and Defenses, pp. 393-4, volume 6.) Moreover, without having the •court to pass on its motion to quash, the defendant filed its answer to the merits, and thereby waived the question of jurisdiction over…
2Cases cited2 opinions
- Chesapeake, Ohio & Southwestern Railroad v. Heath's Adm'rCourt of Appeals of Kentucky · 1888
- Louisville & Nashville R. R. v. TurnerCourt of Appeals of Kentucky · 1883
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