Arthurs v. Harlan
Court of Appeals of Kentucky
Case 29—PETITION EQUITY ON MOTION TO DISMISS APPEAL FROM GREENUP CIRCUIT COURT. 1. The affidavit of the appellant’s attorney is not sufficient to authorize-the issual of a warning order. It does not state that the appellees, are absent from the state when it was made. 2. The clerk of this court has no authority to appoint an attorney for appellees constructively summoned.
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellant filed in the clerk’s office of this court the-•affidavit of her attorney showing that the appellees are nonresidents of this state, and reside in the city of Philadelphia,, in the state of Pennsylvania, and thereupon the clerk made-a warning order, warning them to appear and defend the appeal. The attorney appointed by the clerk now moves to dismiss the appeal for alleged defects in the affidavit. We cannot dismiss the appeal on that ground; but if the affidavit be defective, as alleged, the warning order must be quashed.
Section 739…
2Cited by4 opinions
- Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
- Bond v. WheelerCourt of Appeals of Kentucky · 1923
- Appleton v. Southern Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1932
- Mills v. CommonwealthCourt of Appeals of Kentucky · 1922