Burchett v. Blackburn
Court of Appeals of Kentucky
CASE 68 — TRAVERSE APPEAL PROM FLOYD CIRCUIT COURT. CITED— Civil Code, secs. 161, 513, 73. 1 Dana, 527; Wayman vs. Taylor. 4 Dana, 517 ; 4 Dana, 596. CITED— Civil Code, sec. 509. ' 1 Dana, 528; Wayman vs. Taylor.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion of the court:
The appellánt, without filing a formal traverse of an inquisition against him on a warrant of forcible entry, executed a statutory bond, and took the case to the cir*554cuit court, which, on motion by the traversee, dismissed it for want of an express traverse before the country justice. On that motion the appellant offered to file a traverse nunc pro tunc; and now, on this appeal, he insists that the recital in his bond of the fact of inquisition and traverse, is sufficient evidence of a legal traverse; and if not, that the court erred in…
2Cases cited1 opinion
- Wayman v. TaylorCourt of Appeals of Kentucky · 1833
3Cited by5 opinions
- Mayhew v. Kentucky River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Berry v. TriceCourt of Appeals of Kentucky · 1918
- Cox v. AllenCourt of Appeals of Kentucky · 1920
- Ficke v. Covington Savings Bank & Trust Co.Court of Appeals of Kentucky · 1922
- Kidd v. LayneCourt of Appeals of Kentucky (pre-1976) · 1934