Legal Opinion

Hermann's Executors v. Martin

Court of Appeals of Kentucky

Decided February 24, 1900PublishedCited by 8 opinions

Case 107 — ACTION FOR DAMAGES APPEAL FROM KNOTT CIRCUIT COURT. 1. The judgment appealed from is void because there was no service of process. A recital in the judgment that process had been duly served is merely formal and is insufficient evidence to support a judgment. Long v. Montgomery, 6 Bush, 394; Ruby v. Grace, 2 Duv., 540. 2. If the judgment be not void, it is nevertheless erroneous.

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Case 107 — ACTION FOR DAMAGES APPEAL FROM KNOTT CIRCUIT COURT. 1. The judgment appealed from is void because there was no service of process. A recital in the judgment that process had been duly served is merely formal and is insufficient evidence to support a judgment. Long v. Montgomery, 6 Bush, 394; Ruby v. Grace, 2 Duv., 540. 2. If the judgment be not void, it is nevertheless erroneous. The action is in tort and seeks to recover damages and in the absence of proof no judgment could he rendered. Civil Code, sec. 126, sub. sec. 4; 82 Ky., 202. 1. An appeal shall not he granted except within…

1Opinion of the Court

JUDG-E BURNAM

deltvebed the opinion oe the coubt.

Plaintiff sought in this action to recover damages against the defendants upon the ground that they had unlawfully placed five hundred large, green, .white oak logs in the creek on which his farm was situated, knowing that they were so heavy that they would not float, and had drifted them to a point below his residence, where they lodged in such a manner as to dam up the waters of the creek so as to change its channel and cause it to wash away valuable bottom land, and to obstruct the road to his residence.

The petition was filed on the 19th of…

2Cases cited3 opinions

  1. Long v. MontgomeryCourt of Appeals of Kentucky · 1869
  2. Ruby v. GraceCourt of Appeals of Kentucky · 1866
  3. Riley v. ReedCourt of Appeals of Kentucky · 1877

3Cited by8 opinions

  1. Waybrant v. BernsteinOregon Supreme Court · 1983
  2. Hernaiz Targa & Co. v. VivasSupreme Court of Puerto Rico · 1914
  3. State Ex Rel. Coonley v. HallSupreme Court of Missouri · 1922
  4. Missouri-Kansas Pipe Line Co. v. HobgoodCourt of Appeals of Kentucky (pre-1976) · 1932
  5. Reynolds v. SteelCourt of Appeals of Kentucky · 1916

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