Wilhite v. Roberts
Court of Appeals of Kentucky
Debt. From: the Circuit Court for Nelson County. Debt on bond; plaintiff sets out the condition as reciting that an eject, had been commenced for deft “upon the Remise, of the said def’t and his wife, B W” &c. oyer is craved, and a bond produced, in which the recital is, that an eject, had been commenced, “upon the demise of my [def’ts] wife, B. W. formerly B. D.” &c. The variance is fatal, upon demurrer.
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Debt. From: the Circuit Court for Nelson County. Debt on bond; plaintiff sets out the condition as reciting that an eject, had been commenced for deft “upon the Remise, of the said def’t and his wife, B W” &c. oyer is craved, and a bond produced, in which the recital is, that an eject, had been commenced, “upon the demise of my [def’ts] wife, B. W. formerly B. D.” &c. The variance is fatal, upon demurrer. A client gives his lawyer a bond reciting that the lawyer had commenced an eject, for him, & bind-j ing himself to pay the lawyer, tin case of sucicess, to the amount of half the value of…
1Opinion of the Court
J.udge Ewing
delivered the Opinion of the Court.
George Roberts, as the survivor of Roberts, and Rudd., brought an action of debt against Presley Wilhite, on a penal bond for four hundred dollars, to 'which the follow-: ing condition is attached:—
“The condition of the above obligation is such that “ whereas the above named Roberts and Rudd, as my “ attorneys, have, for me, commenced ap action of eject, “ ment in the.NeJ.son Circuit Court, on the demise of my “ wife, Betsey Wilhite, formerly Pebaneaux, formerly. “ Roberts, for lot No. situate in Bardstown, against “ the tenant then in…
2Cases cited1 opinion
- Love v. BucknerCourt of Appeals of Kentucky · 1817
3Cited by11 opinions
- Evansville, Indianapolis & Cleveland Straight Line Railroad v. City of EvansvilleIndiana Supreme Court · 1860
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- Newport Rolling Mill Co. v. HallCourt of Appeals of Kentucky · 1912
- Morgan v. Big Woods Lumber Co.Court of Appeals of Kentucky · 1923
- First National Bank of Louisville v. Progressive Casualty Insurance Co.Court of Appeals of Kentucky (pre-1976) · 1974
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