Spiess' Admx. v. Bartley
Court of Appeals of Kentucky
CASE 37. — ACTION BY BENJAMIN BARTLEY AGAINST CHARLES SPIESS’ ADMINISTRATRIX. — Appeal from Nelson Cirenit Conrt. Samuel E. Jones, Circuit Judge. From a default judgment for plaintiff, defendant appealed. — The plaintiff can not set up a new cause of action and take a judgment on it, either with or without proof, without first having a summon issued and served on his adversary. Nothing could be clearer. (Cecil v. Sowárd, 10 Bush 96, and Howard v. Singleton, 94 Ky.
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CASE 37. — ACTION BY BENJAMIN BARTLEY AGAINST CHARLES SPIESS’ ADMINISTRATRIX. — Appeal from Nelson Cirenit Conrt. Samuel E. Jones, Circuit Judge. From a default judgment for plaintiff, defendant appealed. — The plaintiff can not set up a new cause of action and take a judgment on it, either with or without proof, without first having a summon issued and served on his adversary. Nothing could be clearer. (Cecil v. Sowárd, 10 Bush 96, and Howard v. Singleton, 94 Ky. Law Rep. 336; Cope v. Slayden, 24 Ky. Law Rep. 1734. The last above named ease is quite similar, and is, it seems to me,…
1Opinion of the Court
*279Opinion of the Court by
Judge Carroll. —
Reversing.
Charles Spiess and Benjamin Bartley, having a controversy about the hire of a traction engine owned by Bartley and rented by Spiess, submitted the case in December, 1905, to Edward Belle and Ed C. Dawson, arbitrators, and, in the event they could not agree, to William J. Dawson, umpire. The arbitrators and the umpire in December, 1905, made the following award in writing: “Said Spiess shall pay Bartley $1.75 per day from the 6th day of November, 1905, until the engine is returned to said Bartley at New Plaven. Ky., this being a concession of…
2Cases cited1 opinion
- Spalding v. AlexanderCourt of Appeals of Kentucky · 1869
3Cited by6 opinions
- Rosa v. NavaCourt of Appeals of Kentucky (pre-1976) · 1930
- York's Ancillary Adm'r v. BromleyCourt of Appeals of Kentucky (pre-1976) · 1941
- Rounds v. Cloverport Foundry & Machine Co.Court of Appeals of Kentucky · 1914
- Wells v. WestCourt of Appeals of Kentucky (pre-1976) · 1928
- McCormack v. ClouseCourt of Appeals of Kentucky (pre-1976) · 1936
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