Johnson v. Clem
Court of Appeals of Kentucky
Case 12 — PRACTICE APPEAL FROM BOURBON CIRCUIT COURT. A forcible entry is a breach of the peace. (2 Bl., book 4, 148; "Wharf. Com. Law, 428.) The court erred in overruling appellant’s motion to have appellee’s witnesses separated. (Civil Code, 601.) The law was properly given by tlie court below.. (Tribble v. Erame, 7 J J. Mar., 599.) Sec. 001, Civil Code, is not mandatory.
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
This is an action for malicious prosecution by Clem against Johnson, the petition containing two counts for distinct offenses. There was a judgment for the plaintiff and an appeal prosecuted to the superior court. The brother of the plaintiff (appellee) had rented of the appellant, Johnson, a part of his land, to be cultivated in wheat on the shares, and had entered into a writing, evidencing the terms of the contract. The wheat was sown in the fall by the plaintiff’s brother, and, by the terms of the agreement, he was to cut it when ready for the…
2Cited by11 opinions
- Music v. CommonwealthCourt of Appeals of Kentucky · 1919
- Baker v. CommonwealthCourt of Appeals of Kentucky · 1899
- O'LEARY v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1969
- Illinois Central Railroad v. Outland's AdministratrixCourt of Appeals of Kentucky · 1914
- Park Circuit Realty Company v. CoulterCourt of Appeals of Kentucky (pre-1976) · 1930
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