Yankey v. Sweeney
Court of Appeals of Kentucky
Case 12 — PETITIONS EQUITY APPEALS PROM WASHINGTON CIRCUIT COURT. 1. A judgment dismissing the former action because the plaintiff had not obtained judgment and return of “ no property’,’ was not a judgment upon the merits, and did not bar another action. 2. The fact that the grantor had other property subject to. execution to satisfy the plaintiffs demand is not a good defense. 3. To make a tender good it must be kept up.
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Case 12 — PETITIONS EQUITY APPEALS PROM WASHINGTON CIRCUIT COURT. 1. A judgment dismissing the former action because the plaintiff had not obtained judgment and return of “ no property’,’ was not a judgment upon the merits, and did not bar another action. 2. The fact that the grantor had other property subject to. execution to satisfy the plaintiffs demand is not a good defense. 3. To make a tender good it must be kept up. It is not sufficient to aver that a certain sum of money was tendered on a day stated. (Hants V- Lober, 1 Duv.) > 1. Appellants were entitled to the relief sought. (Vance…
1Opinion of the Court
JUDGE BENNETT
delivered the opinions oe the court.
Yankey, &c., v. Sweeney, &c.
The appellants are husband and wife. The appellee William Sweeney, on the 14th day of February, 1874, was appointed and qualified as guardian of the appellant Sallie Yankey, then Sallie Peter, by the Washington County. Court. The appellants instituted suit in the Washington Circuit Court against the appellee William Sweeney, and his surety, on his guardian’s bond, by which they sought to recover the amount shown to be due the appellant Sallie, by the appellee’s final settlement as her guardian with the Washington…
2Cited by8 opinions
- Thomas v. BlandCourt of Appeals of Kentucky · 1890
- Hancock v. ChapmanCourt of Appeals of Kentucky · 1916
- Brown v. BrownCourt of Appeals of Kentucky · 1889
- Daniels v. GoffCourt of Appeals of Kentucky · 1921
- T. M. Oldham's Admx. v. G. M. Oldham's Admx.Court of Appeals of Kentucky · 1911
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