Harreld v. Howard
Court of Appeals of Kentucky
Case 11 — EQUITY— APPEAL FROM BUTLER COURT OF COMMON PLEAS. APPEAL FROM BUTLER CIRCUIT COURT. Inasmuch as appellant’s cross-petition disclosed an equitable cause of action against appellee, it was the duty of the circuit court to take cognizance of it (Civil Code), although the original petition was not transferred with it. (Civil Code, sec. 372.) The order transferring the answer and cross-petition was made upon appellant’s motion, and he cannot complain of it.
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Case 11 — EQUITY— APPEAL FROM BUTLER COURT OF COMMON PLEAS. APPEAL FROM BUTLER CIRCUIT COURT. Inasmuch as appellant’s cross-petition disclosed an equitable cause of action against appellee, it was the duty of the circuit court to take cognizance of it (Civil Code), although the original petition was not transferred with it. (Civil Code, sec. 372.) The order transferring the answer and cross-petition was made upon appellant’s motion, and he cannot complain of it. The 17th section, Civil Codo, prohibits the chancellor from interfering with ordinary judgments. (Civil Code, secs. 12, 14; 9 Bush,…
1Opinion of the Court
JUDGE IIABGIS
delivered the opinion of the court.
The appellee sued the appellant on a note for $338.65 in the common pleas court, and the latter pleaded an exclusively equitable defense to the action, and moved to transfer .the cause to equity.
Upon that motion the appellee filed Ms affidavit, setting forth the belief that he would succeed in the action, and *52that the collection of his claim, after judgment, would be endangered by the delay arising from the transfer of the cause.
And the appellant having failed to execute the bond required by the 14th section of the Civil Code, his motion to…
2Cases cited2 opinions
- Geoghegan v. DittoCourt of Appeals of Kentucky · 1859
- Frazer v. NaylorCourt of Appeals of Kentucky · 1859
3Cited by1 opinion
- Jones v. StearnsCourt of Appeals of Kentucky · 1924