Fuqua v. Mullen
Court of Appeals of Kentucky
Case 53 — PETITION ORDINARY APPEAL EROM DAVIESS CIRCUIT COURT. The act to increase the jurisdiction of justices of the peace in certain counties in this commonwealth relates to one subject, and but one subject, and, so far as increasing the jurisdiction of justices of the peace in the counties named in the act, conforms to section 37, article 2 of the constitution, although the remainder of the act relating to another subject may be unconstitutional, as held in Jones, &e.
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Case 53 — PETITION ORDINARY APPEAL EROM DAVIESS CIRCUIT COURT. The act to increase the jurisdiction of justices of the peace in certain counties in this commonwealth relates to one subject, and but one subject, and, so far as increasing the jurisdiction of justices of the peace in the counties named in the act, conforms to section 37, article 2 of the constitution, although the remainder of the act relating to another subject may be unconstitutional, as held in Jones, &e. V.- Thompson’s ex’r (12 Bush, 395.) The case of Hind v. Rice (10 Bush 528) has no analogy to this, because the title of…
1Opinion of the CourtChief Justice Lindsay
Mullen, surviving partner of the late firm of Lyon & Mullen, sued the appellant to recover a balance of $66.35 alleged to be due on an account created in the years 1872 and 1873. Appellant, among other defenses, set up and relied on the following state of facts: ■
“Defendant, for further answer, states that the account sued on herein was sued on in the court of Esquire Burton, a justice *469of the peace in and for Daviess County, and issue made, and a trial had by jury, and a verdict and judgment rendered at the June term, 1874, of said court in defendant’s favor against plaintiff for the costs of…
2Cases cited2 opinions
- Spalding v. WathenCourt of Appeals of Kentucky · 1870
- McNeil v. CommonwealthCourt of Appeals of Kentucky · 1877