Roettger v. Riefkin
Court of Appeals of Kentucky
CASE 25. — FORCIBLE DETAINER PROCEEDINGS BY HENRY ROETTGER AND WIPE AGAINST M. RIEFKIN AND WIFE. — Appeal from Campbell Circuit Court. A. S. Berry and C. W. Yungblut, Judges. Judgment for defendants. Plaintiffs appeal. — PROPOSITIONS AND CITATIONS. 1. Three days given to traverse finding on inquest in forcible detainer case, means three juridical days, which excludes intervening Sunday.
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CASE 25. — FORCIBLE DETAINER PROCEEDINGS BY HENRY ROETTGER AND WIPE AGAINST M. RIEFKIN AND WIFE. — Appeal from Campbell Circuit Court. A. S. Berry and C. W. Yungblut, Judges. Judgment for defendants. Plaintiffs appeal. — PROPOSITIONS AND CITATIONS. 1. Three days given to traverse finding on inquest in forcible detainer case, means three juridical days, which excludes intervening Sunday. (Long v. Hughes, 1 Duv., 381; White v. Crutcher, 1 Bush, 472; Frazier v. Clark, 88 Ky., 260; Reiley v. Grace, 17 Ky. Law Rep., 1007; Section 461, Civil Code.) 2. Judgment rendered Friday, writ of restitution…
1Opinion of the Court
Opinion of the Court by
Judge Hobson —
Reversing
Henry Roettger and wife rented rooms of M. ReifMn and wife to live in. By tlie lease they were to vacate within three days upon failure to pay rent. They failed to pay the rent, and a warrant of forcible detainer was taken out by the landlords. The case was' tried on Friday, January 4th, and a judgment was entered in favor of the plaintiffs. About 4 p. m. on Monday, January 7th, the Reifkins went to a magistrate, and had him to issue a writ of possession, which was then placed in the hands of the constable, who proceeded with Reifkin to the…
2Cases cited5 opinions
- O'Brien v. CommonwealthCourt of Appeals of Kentucky · 1889
- Geneva Cooperage Co. v. BrownCourt of Appeals of Kentucky · 1906
- Long v. HughesCourt of Appeals of Kentucky · 1864
- Frazier v. ClarkCourt of Appeals of Kentucky · 1889
- Morrison v. PriceCourt of Appeals of Kentucky · 1908
3Cited by9 opinions
- Stoll Oil Refining Company v. PierceCourt of Appeals of Kentucky (pre-1976) · 1960
- Damron v. JohnsonCourt of Appeals of Kentucky · 1921
- Black v. National Bank of KentuckyCourt of Appeals of Kentucky (pre-1976) · 1928
- Marcum v. MeltonCourt of Appeals of Kentucky (pre-1976) · 1929
- Bender v. KaelinCourt of Appeals of Kentucky (pre-1976) · 1935
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