Barbour v. Newkirk
Court of Appeals of Kentucky
Case 73 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The return of an officer upon process is conclusive, and can not be traversed in the case in which it is made. (Taylor v. Lewis, 2 J. J. Marsh., 400; Shaffet v. Menifee, 4 Dana, ISO;’ Smith v. Horn-back, 3 Marsh., 392; Armstrong v. Easton, 1 B. Mon., 66; G-wynne on Sheriffs, page 473.) "2. The officer’s return of a process need not show that the court has jurisdiction.
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Case 73 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The return of an officer upon process is conclusive, and can not be traversed in the case in which it is made. (Taylor v. Lewis, 2 J. J. Marsh., 400; Shaffet v. Menifee, 4 Dana, ISO;’ Smith v. Horn-back, 3 Marsh., 392; Armstrong v. Easton, 1 B. Mon., 66; G-wynne on Sheriffs, page 473.) "2. The officer’s return of a process need not show that the court has jurisdiction. It is sufficient if it show time and manner of service. ■3. By making motion to quash the officer’s return, and by filing affidavits in support of the…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
This is a transitory action for debt, brought ini the Louisville Chancery Court, on April 19, 1877, and dismissed by it - for want of jurisdiction in December, 1883. It was originally brought against theappellee alone. Subsequently, another party, who-was served with a summons in Jefferson county,, was made a defendant, but the appellant dismissed', the action as to him, and the question presented is,, whether the court properly held that the appellee' was not before the court. At the institution of the-action a summons was sued out to both…
2Cited by7 opinions
- Brumleve v. CronanCourt of Appeals of Kentucky · 1917
- Johnson v. Holt's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Everett Ry., Light & Power Co. v. United StatesDistrict Court, W.D. Washington · 1916
- Ramey v. Francis, Day & Co.Court of Appeals of Kentucky · 1916
- Gardner v. Lincoln Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1933
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