Small v. Reeves
Court of Appeals of Kentucky
Case 34 — ACTION TO VACATE JUDGMENT APPEAL PROM TODD CIRCUIT COURT. 1. Submission of the case was premature. Moreland’s Assignee, v. Citizens’ Bank, 16 Ky. Law Rep., 860; Civil Code, 364. 2. Special judge not eligible beyond the term at which elected. Childers v. Little, 16 Ky. Law Rep., 521; 96 Ky., 376. 3. The affidavit of T. P. Small disqualified the special judge. Massie v. Com., 93 Ky., 588 (14 Ky. Law Rep., 564); German Insurance Co. v. Landram, 88 Ky., 433 (10 Ky.
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Case 34 — ACTION TO VACATE JUDGMENT APPEAL PROM TODD CIRCUIT COURT. 1. Submission of the case was premature. Moreland’s Assignee, v. Citizens’ Bank, 16 Ky. Law Rep., 860; Civil Code, 364. 2. Special judge not eligible beyond the term at which elected. Childers v. Little, 16 Ky. Law Rep., 521; 96 Ky., 376. 3. The affidavit of T. P. Small disqualified the special judge. Massie v. Com., 93 Ky., 588 (14 Ky. Law Rep., 564); German Insurance Co. v. Landram, 88 Ky., 433 (10 Ky. Law Rep., 1039). 4. A change of venue to another county should have been granted. Triplett v. Scott, 5 Bush, 81. 5. A…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
The appellant, Small, by Ms next friend, brought tMs action to vacate a default judgment rendered by the Todd •Circuit Court, in equity, at the November term, 1887, by which certain land belonging to appellant was subjected to pay the amount of certain mortgages signed by him; one of which was in favor of appellee Reeves, and another in favor of B. D. Johnson by whom the suit was originally brought, Beeves being made a party defendant, and coming in by cross petition. It is unnecessary, for the purpose of this opinion, ,to state the facts of…
2Cases cited7 opinions
- Howard v. HowardCourt of Appeals of Kentucky · 1888
- Hill v. Phillips' Adm'rCourt of Appeals of Kentucky · 1888
- Bean v. Haffendorfer Bros.Court of Appeals of Kentucky · 1887
- Nailor's Children v. NailorCourt of Appeals of Kentucky · 1836
- Childers v. LittleCourt of Appeals of Kentucky · 1895
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3Cited by11 opinions
- Dupoyster v. ClarkeCourt of Appeals of Kentucky · 1905
- Feck v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936
- Kentucky Union Co. v. BaileyCourt of Appeals of Kentucky · 1917
- Conservative Life Insurance Co. v. HutchinsonCourt of Appeals of Kentucky (pre-1976) · 1932
- Ohio Valley F. M. Ins. Co.'s Rec'ver v. NewmanCourt of Appeals of Kentucky (pre-1976) · 1929
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