Hardin v. Marble
Court of Appeals of Kentucky
Case 10 — PETITION EQUITY APPEAL FROM DAVIESS CIRCUIT COURT. A party can not institute suit before bis cause of action bas matured, and tben avail bimself of its maturity, pending tbe action, by amended or supplemental petition. Tbe right of action is to be tested by tbe facts existing at tbe time tbe suit is brought, not by those existing at tbe trial. If a new cause of action is set up in an amended petition, process must be issued thereon.
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Case 10 — PETITION EQUITY APPEAL FROM DAVIESS CIRCUIT COURT. A party can not institute suit before bis cause of action bas matured, and tben avail bimself of its maturity, pending tbe action, by amended or supplemental petition. Tbe right of action is to be tested by tbe facts existing at tbe time tbe suit is brought, not by those existing at tbe trial. If a new cause of action is set up in an amended petition, process must be issued thereon. Tbe statute does not give a party tbe right to sue before tbe maturity of bis claim, in order to save bis mechanic’s lien. Tbe statement was filed in…
1Opinion of the Court
JUDGE PEYOE
delivered the opinion oe the court.
Marble, Hicks & Co. contracted with Hardin and wife to erect upon a lot of ground owned by the wife a dwelling for the sum of $1,200; $900 of the money to be paid in hand, and the balance in twelve months. This contract is dated the 15th of September, 1874.
The mechanics filed a statement of the amount due them for the work, with a description of the property, as required by sec. 6 of chapter 70, General Statutes, and then instituted the present action to enforce the lien for the balance unpaid.
The 6th section of the act, in order to preserve the…
2Cited by2 opinions
- Louisville Bridge Co. v. NeafusCourt of Appeals of Kentucky · 1901
- Grainger & Co. v. RileyCourt of Appeals for the Sixth Circuit · 1913