Legal Opinion

Ball v. Poor

Court of Appeals of Kentucky

Decided February 27, 1883PublishedCited by 6 opinions

Case 5 — EQUITY APPEAL PROM ZCENT0N CHANCERY COURT. 1. Neither the city of Covington nor Shillito are entitled to any judgment. The process against appellant was only constructive, and they are bound to make proof of their demands. 2. Tlio powers of attorney executed by appellant, authorizing plaintiff’s attorney to enter her appearance, are void. It is against the reason, as well as the policy of the law, to tolerate such a practice. ;l.

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Case 5 — EQUITY APPEAL PROM ZCENT0N CHANCERY COURT. 1. Neither the city of Covington nor Shillito are entitled to any judgment. The process against appellant was only constructive, and they are bound to make proof of their demands. 2. Tlio powers of attorney executed by appellant, authorizing plaintiff’s attorney to enter her appearance, are void. It is against the reason, as well as the policy of the law, to tolerate such a practice. ;l. In the absence of an appearance by appellant, both the judgment in favor of appellee Poor, as well as Wallace, is error. No brief on file.

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

This is an appeal from the judgment and orders of the Kenton chancery court, rendered in favor of plaintiffs in certain actions consolidated and tried together.

The first one commenced was by the city of Covington to enforce a lien upon appellant’s real property for the payment of city and school taxes alleged to be due by her.. The second was by Shillito & Co. to subject the same property under an attachment, issued upon the ground of her non-residence, to pay a merchant’s account.

And the third was by M. P. Poor, to enforce an alleged mortgage…

2Cases cited1 opinion

  1. City of Louisville v. Bank of KentuckyCourt of Appeals of Kentucky · 1860

3Cited by6 opinions

  1. King Construction Co. v. Mary Helen Coal Corp.Court of Appeals of Kentucky · 1922
  2. Farmers' Bank of White Plains v. BassCourt of Appeals of Kentucky (pre-1976) · 1927
  3. Aultman & Taylor Co. v. MeadCourt of Appeals of Kentucky · 1901
  4. Baxter Realty Co. v. MartinCourt of Appeals of Kentucky · 1919
  5. Morrison v. BeckhamCourt of Appeals of Kentucky · 1894

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