Moore v. Harrod
Court of Appeals of Kentucky
Case 41 — PETITION 1. While the affidavit does not state in terms' that the claimis just, it does show on its face that it is just, and the language of section 196, of the Civil Code, requires of the plaintiff only that he shall file an affidavit showing that his claim is just. 2. The defects in a petition or a pleading may be cured by the expressed or implied admissions of his adversaries’ pleadings. 8 Dana, 184; 4 B. M., 198; 7 Dana, 172; 3 Marshall, 474. The defendant’s…
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Case 41 — PETITION 1. While the affidavit does not state in terms' that the claimis just, it does show on its face that it is just, and the language of section 196, of the Civil Code, requires of the plaintiff only that he shall file an affidavit showing that his claim is just. 2. The defects in a petition or a pleading may be cured by the expressed or implied admissions of his adversaries’ pleadings. 8 Dana, 184; 4 B. M., 198; 7 Dana, 172; 3 Marshall, 474. The defendant’s motion to discharge the attachment “because the order for same was issued by the clerk of this court, and to therefore…
1Opinion of the Court
JUDGE HAZELBIGG-
delivered the opinion of the court.
The petition in this case sets up a cause of action on a note, followed by a statement of certain grounds of attachment under section 194 of the Civil Code. There is, however, no attempt, beyond a statement of the grounds of attachment, to conform to the requirements of section 196 of the Code; which, in addition, requires the affidavit to show (1) the nature of the plaintiff’s claim; (2) that it is just; (3) the sum which the affiant believes the-plaintiff ought to recover. .If, therefore, we hold that the nature of the claim is sufficiently…
2Cases cited1 opinion
- Ashbrook v. RobertsCourt of Appeals of Kentucky · 1884
3Cited by7 opinions
- Hart County Deposit Bank v. HatfieldCourt of Appeals of Kentucky (pre-1976) · 1930
- Clolinger v. CallahanCourt of Appeals of Kentucky · 1924
- Kengreen Gas Utilities Corporation v. CrozerCourt of Appeals of Kentucky (pre-1976) · 1932
- Frick & Lindsay Co. v. Lantz & OgdenCourt of Appeals of Kentucky · 1923
- Cornett v. GreeverCourt of Appeals of Kentucky (pre-1976) · 1937
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