Evans v. Stone
Court of Appeals of Kentucky
Case 17 — ORDINARY— APPEAL PROM PAYETTE COURT OF COMMON PLEAS. After the verdict was rendered, and appellant moved the court for judgment in his favor, notwithstanding the verdict, nothing was left but to examine the pleadings, and, in the absence of a reply to the answer, to grant the motion. There is no authority in the Code to set aside a verdict, simply with the view of permitting a party to do that which he ought to have done before verdict.
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Case 17 — ORDINARY— APPEAL PROM PAYETTE COURT OF COMMON PLEAS. After the verdict was rendered, and appellant moved the court for judgment in his favor, notwithstanding the verdict, nothing was left but to examine the pleadings, and, in the absence of a reply to the answer, to grant the motion. There is no authority in the Code to set aside a verdict, simply with the view of permitting a party to do that which he ought to have done before verdict. (Civil Code, secs. 340, 386; 14 Ind. Rep., 118; 14 Ohio, 206.) Under the present Code an issue can be made and is made without a reply, unless the…
1Opinion of the Court
■JUDGE HARGIS
delivered the opinion of tiie court.
This was an action on a note by the appellees against the appellant -and another.
The appellant answered and pleaded—
First. That J ‘ the note sued on was executed without con.‘sideration. ”
*79Second. That “the execution of said note was obtained by fraud, misrepresentation, and covin.”
And in the third paragraph he stated the facts on which he relied to show the fraud and want of consideration.
On motion of appellees, the third paragraph was stricken •out, and without a reply having been filed to the other paragraphs, a trial was had which resulted…
2Cases cited4 opinions
- Martindale v. PriceIndiana Supreme Court · 1860
- Whitehead v. RootCourt of Appeals of Kentucky · 1859
- Boone v. ShacklefordCourt of Appeals of Kentucky · 1815
- Wells v. WilsonCourt of Appeals of Kentucky · 1814
3Cited by11 opinions
- Hill v. RaglandCourt of Appeals of Kentucky · 1902
- Edward Brockhaus & Co. v. GilsonCourt of Appeals of Kentucky (pre-1976) · 1936
- Davidson v. FallsCourt of Appeals of Kentucky (pre-1976) · 1926
- Gray v. GregoryCourt of Appeals of Kentucky · 1910
- Powell v. FlanaryCourt of Appeals of Kentucky · 1900
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