Drake's Adm'r v. Semonin
Court of Appeals of Kentucky
Case 48 — PLEADING, PRACTICE APPEAL FROM WEBSTER CIRCUIT COURT. 1. The averments of the petition are wholly-insufficient. Whatever may be the defenses offered by appellant, the defects in the petition are not waived by failing to demur to it. '2. On the merits of the case no judgment should have been rendered for appellee. ■3. It is clearly the province and the duty of this court to reverse the judgment, because of the insufficiency of the petition.
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Case 48 — PLEADING, PRACTICE APPEAL FROM WEBSTER CIRCUIT COURT. 1. The averments of the petition are wholly-insufficient. Whatever may be the defenses offered by appellant, the defects in the petition are not waived by failing to demur to it. '2. On the merits of the case no judgment should have been rendered for appellee. ■3. It is clearly the province and the duty of this court to reverse the judgment, because of the insufficiency of the petition. (Hill v. Barrett, 14 B. Mon., 83; Murphy v. Estis. 6 Bush, 533; Louisville and Portland Canal Co. v. Murphy, 9 Bush, 527.) 1. The question as to…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
The plaintiffs, Semonin & Dixon, were wholesale merchants and partners, and Pañi P. Semonin and O. 5. Drake were retail merchants. The latter purchased of the former goods, etc., and Paul P. Semonin having gone into bankruptcy this action was instituted against Drake, as surviving partner, on the account alleged to be due the plaintiffs. The only allegation made in the petition, after giving the style of the affidavit, is, ‘£ that-the defendants were merchants at Slaughtersville, Ky., and bought large bills of goods from the plaintiffs, and made…
2Cited by14 opinions
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- Western Assurance Co. v. RayCourt of Appeals of Kentucky · 1899
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