City of Louisville v. Woolley
Court of Appeals of Kentucky
Case 93 — Action to Enforce Lien for Taxes APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Defendants and Plaintiff Appeals. I. The right to revive the action.
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Case 93 — Action to Enforce Lien for Taxes APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Defendants and Plaintiff Appeals. I. The right to revive the action. The only necessary facts to authorize a revivor of an action under section 501, Civil Code, as amended 'by the act of 1894, is a statement of the death of the deceased defendant, the qualification of the personal representative, if there is one, and the names of the heirs at law, where the revivor is sought against both the personal and real representatives. Civil Code, sec. 501; iBuford’s Adm’r. v. Guthrie, 14…
1Opinion of the Court
Opinion of the coubt by
JUDGE BURNAM
Reversing.
These actions., were brought by the city of Louisville against R. \V. Woolley and his wife, Mary E. Woolley, on the 8th day of August, 1894, to collect certain taxes due the' city, which had been assessed against the real property of the wife. The defendants filed their demurrer to the petition on the 12th day of September thereafter, and subsequently, on the 14th day of April, 1896, filed their joint answer, without any action by the court upon the demurrer. A part of the property sought to be subjected to the payment of these taxes' was held in…
2Cases cited4 opinions
- Omer v. CommonwealthCourt of Appeals of Kentucky · 1894
- Forst v. DavisCourt of Appeals of Kentucky · 1897
- Greer v. PowellCourt of Appeals of Kentucky · 1866
- Buford's Adm'r v. GuthrieCourt of Appeals of Kentucky · 1878
3Cited by3 opinions
- Woolley v. City of LouisvilleCourt of Appeals of Kentucky · 1903
- Gardner's Admr. v. RobertsCourt of Appeals of Kentucky · 1883
- Brumagen v. HammonsCourt of Appeals of Kentucky · 1953