Swanson v. Smith
Court of Appeals of Kentucky
Case 12 — Action by Mitchell Smith and Others against John Swanson fob Forcible Entry. appeal from lee circuit court. Our contention is, that where in a forcible entry proceeding, the writ is served upon the defendant’s wife and a trial had in his absence, and without his knowledge, the defendant having learned of the proceeding after it was too late to file a traverse, had the right to file his petition before the county judge, who tried the case, for a new trial, and the…
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Case 12 — Action by Mitchell Smith and Others against John Swanson fob Forcible Entry. appeal from lee circuit court. Our contention is, that where in a forcible entry proceeding, the writ is served upon the defendant’s wife and a trial had in his absence, and without his knowledge, the defendant having learned of the proceeding after it was too late to file a traverse, had the right to file his petition before the county judge, who tried the case, for a new trial, and the failure of the ciounty judge to grant him a new trial was error as was also the failure of the circuit court upon appeal…
1Opinion of the Court
*118Opinion of the court by
JUDGE SETTLE
Affirming.
Upon complaint made by tbe appellees to tbe judge of tbe Lee county court that the appellant had forcibly entered upon a. tract of land in that county of which they were in the peaceable possession, that officer issued a writ of forcible entry in the usual form against appellant, directed to the sheriff of the county who, after service of the writ, returned it to the county judge. The inquisition under the writ was held by the county judge, without the intervention of a jury, and the appellant found guilty of the forcible entry complained of;…
2Cited by11 opinions
- Commonwealth v. WeissingerCourt of Appeals of Kentucky · 1911
- Stockley v. CissnaTennessee Supreme Court · 1907
- Mayhew v. Kentucky River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Berry v. TriceCourt of Appeals of Kentucky · 1918
- Weber v. Grand Lodge of Kentucky, F. & A. M.Court of Appeals for the Sixth Circuit · 1909
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