Chesapeake, Ohio & Southwestern Railroad v. Heath's Adm'r
Court of Appeals of Kentucky
Case 98 — PETITION ORDINARY APPEAL PROM M’CRACKER COURT OP COMMON PLEAS. A plea in abatement to the jurisdiction of the court for want of service of process is not an entry of appearance for any other purpose than to test that question. (Harkness v. Hyde, 98 U. S., 476; Barbour v. Newkirk, 7 Ky.
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Case 98 — PETITION ORDINARY APPEAL PROM M’CRACKER COURT OP COMMON PLEAS. A plea in abatement to the jurisdiction of the court for want of service of process is not an entry of appearance for any other purpose than to test that question. (Harkness v. Hyde, 98 U. S., 476; Barbour v. Newkirk, 7 Ky. Law Rep., 555; Graham v. Spencer, 14 Federal Rep., 603.) A defendant who appears and flies answer questioning the jurisdiction of the court on the ground that there has been no sufficient service of process brings himself before the court for all purposes. (Dyas v. Lindsey, 4 Bush, 350; 8 Dana, 68; 1…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
If the preliminary motion made by the appellant in the court below affecting the question as to the summons on the alleged agent should have been sustained, it dispenses with the necessity of investigating the merits of the controversy.
This is an action by the personal representative of A. J. Heath to recover damages for the death of his intestate, caused, as is alleged, by the willful negligence of the defendant, the Chesapeake, Ohio and Southwestern Railroad Company. The petition was filed in the circuit or common pleas court of Mc-Cracken…
2Cases cited6 opinions
- Harkness v. HydeSupreme Court of the United States · 1879
- Wharton v. ClayCourt of Appeals of Kentucky · 1815
- Baker v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1868
- Graves v. HughesCourt of Appeals of Kentucky · 1815
- Salter v. DunnCourt of Appeals of Kentucky · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rorick v. StilwellSupreme Court of Florida · 1931
- Fisher, Sons & Co. v. CrowleyWest Virginia Supreme Court · 1905
- Newport News, Co. v. ThomasCourt of Appeals of Kentucky · 1895
- Louisville Home Telephone Co. v. Beeler's Admx.Court of Appeals of Kentucky · 1907
- Gillen v. Ill. Cent. Ry Co.Court of Appeals of Kentucky · 1910
13 more not listed; retrieve them via the Exa API.