Lusk v. Anderson's Administrator
Court of Appeals of Kentucky
CASE 12 — PETITION ORDINARY ArPEAL, FROM GARRARD CIRCUIT COURT. Lusk sued Hopper as administrator of Anderson, upon a note due 21st July, 1857, for one thousand dollars, executed to Lusk by Hopper, as administrator, for the professional services of Lusk in prosecuting Lemaster and Clark, who were charged with the murder of Anderson. The heirs of Anderson having made the affidavit mentioned in the opinion, were permitted to defend the suit.
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CASE 12 — PETITION ORDINARY ArPEAL, FROM GARRARD CIRCUIT COURT. Lusk sued Hopper as administrator of Anderson, upon a note due 21st July, 1857, for one thousand dollars, executed to Lusk by Hopper, as administrator, for the professional services of Lusk in prosecuting Lemaster and Clark, who were charged with the murder of Anderson. The heirs of Anderson having made the affidavit mentioned in the opinion, were permitted to defend the suit. Verdict and judgment having been rendered for the defendants, Lusk prosecutes this appeal. The act of 1846 was repealed by the Revised Statutes, and has…
1Opinion of the Court
JUDGE WOOD
DELIVERED THE OPINION OE THE COURT:
The first question made upon this record is this, namely: “ Did the circuit court err in allowing Lemaster and Clark, with their wives, to defend the action of Lusk against Anderson?” We think not.
By the act of our general assembly, approved 23d February, 1846, (see General Acts, 1846, p. 53,) it is provided that in any action or suit instituted by or against any executor or administrator, the heirs, devisees, or distributees, or any of them, or the husband of any such heir, devisee, or distributee, might appear in court where such action or suit…
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- Sublett's Ex'r v. BrookieCourt of Appeals of Kentucky · 1880
- Thompson v. Lowell Machine ShopMassachusetts Supreme Judicial Court · 1849