Redwine v. Underwood
Court of Appeals of Kentucky
Case 30 — PETITION 1. Under the provisions of section 132, of the Civil Code, the plaintiff may at any time, before answer, amend his petition, without | leave; and under section 134 the court may in its discretion ] permit an amendment at any time in the furtherance of justice; and the plaintiff had a right to file an amended petition curing the defects of the affidavit for a warning order, such defective affidavit merely making the warning order erroneous and not void.
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Case 30 — PETITION 1. Under the provisions of section 132, of the Civil Code, the plaintiff may at any time, before answer, amend his petition, without | leave; and under section 134 the court may in its discretion ] permit an amendment at any time in the furtherance of justice; and the plaintiff had a right to file an amended petition curing the defects of the affidavit for a warning order, such defective affidavit merely making the warning order erroneous and not void. Hines v. Oldham, 3 T. B. Monroe, 206; Penningfield v. Rudd & Southerton 8 B. M., 102; Newcomb’s Ex’r. v. Newcomb, 13 Bush,…
1Opinion of the Court
JUDGE WHITE
delivered the opinion, oj? the court.
The appellant, Redwine, sued H. C. Underwood in the circuit court of -Jefferson county, common pleas division, o'n a claim amounting to the sum of $-375. Underwood being a non-resident, a warning order was made by the clerk, and attachment sued out, and the Louisville & Nashville Railroad Company was served as garnishee. The said company admitted being indebted to the defendant in the sum of $171. The petition was filed on the 30th day of July, 1891, and on the same day the warning order was made by the clerk, and the attachment issued and…
2Cases cited2 opinions
- Kellar v. StanleyCourt of Appeals of Kentucky · 1887
- Hall v. GroganCourt of Appeals of Kentucky · 1879
3Cited by9 opinions
- Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
- Mann v. Humphrey's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1935
- Bond v. WheelerCourt of Appeals of Kentucky · 1923
- Leonard v. WilliamsCourt of Appeals of Kentucky · 1924
- Appleton v. Southern Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1932
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