American Wire-Nail Co. v. Bayless
Court of Appeals of Kentucky
Case 16 — PETITION EQUITY — APPEAL FROM KENTON CHANCERY COURT. 1. When the incapacity to sue appears in the petition, a failure to object by demurrer is a waiver of the objection which might have been made.
Read the full summary
Case 16 — PETITION EQUITY — APPEAL FROM KENTON CHANCERY COURT. 1. When the incapacity to sue appears in the petition, a failure to object by demurrer is a waiver of the objection which might have been made. (Betty v. Malier, 14 B. M., 200; Johnson’s Heirs v. Chandler’s Heirs, 15 B. M„ 584; Hardee, Son & Co. v. Hall & Long, 12 'Bush. 327; Warfield v. Gardner’s Adm’r, 79 Ky., 583; McAllister’s Adm’r v. Savings Bank, 80 Ky , 687.) 2. As to those who did not file a general demurrer, the right to make the objection was waived, and the objection by the court, sua sponte, was not proper. (Cason v.…
1Opinion of the CourtChief Justice Holt
The appellee, D. B. Bayless, brought this action, on September 3, 1885, to compel the appellant, the American Wire-Nail Company, to transfer to him upon its books eighty-nine shares of its capital stock, of the par value of one hundred dollars each, purchased by him of the appellee, J. L. Stephens, on July 30, 1885, and evidenced by two certificates, one for forty-four shares, dated November 7, 1883, and the other for forty-five shares, dated January 14, 1884. The company, although proper demand for the transfer was made, resisted upon the ground of a fraudulent issue of stock to Stephens,…
2Cases cited1 opinion
- Johnston v. LaflinSupreme Court of the United States · 1881
3Cited by13 opinions
- James v. StokesCourt of Appeals of Kentucky · 1924
- Madison Capital Co., LLC v. S & S SALVAGE, LLCDistrict Court, W.D. Kentucky · 2011
- Citizens Bank v. Mutual Trust & Deposit Co.Court of Appeals of Kentucky · 1924
- Clark v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals of Kentucky (pre-1976) · 1935
- Cherry v. AugustusCourt of Appeals of Kentucky · 2006
8 more not listed; retrieve them via the Exa API.