Legal Opinion

Parsons v. Spencer

Court of Appeals of Kentucky

Decided October 24, 1885PublishedCited by 16 opinions

Case 46 — PETITION EQUITY — APPEAL PROM MARION CIRCUIT COURT. 1. As the judgment sought to be enforced does not show on its face that Mrs. Spencer was a married woman at the time judgment was rendered against her, that fact must be taken advantage of by plea and not by demurrer. 2. There are many cases in which it is proper to render a personal judgment against a married woman; therefore, the presumption is-in favor of the validity of such a judgment. 3. If a judgment is not…

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Case 46 — PETITION EQUITY — APPEAL PROM MARION CIRCUIT COURT. 1. As the judgment sought to be enforced does not show on its face that Mrs. Spencer was a married woman at the time judgment was rendered against her, that fact must be taken advantage of by plea and not by demurrer. 2. There are many cases in which it is proper to render a personal judgment against a married woman; therefore, the presumption is-in favor of the validity of such a judgment. 3. If a judgment is not void, but merely irregular or erroneous, it can not bo attacked collaterally. (Watson v. Morrison, 4 Bibb, 336; Mcllvoy…

1Opinion of the Court

JUDGE HOLT

delivered tiie ornsriosr ot the court.

This is an action brought by the heirs of Wm. P. .Moore against W. H. Spencer and Ms wife, Eliza '.Spencer, and others, in the Marion Circuit Court, to ■enforce the collection of a judgment rendered in favor of the plaintiffs in the Taylor Circuit Court ngainst W. H. and Eliza Spencer, as to which there had been a return of nulla, bona, by subjecting, to its payment whatever Mrs. Spencer acquired under the will of her father, W. M. Green. The petition alleges that the plaintiffs recovered the judgment ££ against the defendants, W. H. Spencer and…

2Cases cited3 opinions

  1. Spalding v. WathenCourt of Appeals of Kentucky · 1870
  2. Green v. PageCourt of Appeals of Kentucky · 1882
  3. Samuel v. SalterCourt of Appeals of Kentucky · 1860

3Cited by16 opinions

  1. Taylor v. Hustead & TuckerTexas Commission of Appeals · 1924
  2. Wood v. Gulf Production Co.Court of Appeals of Texas · 1936
  3. Brock v. ConkwrightCourt of Appeals of Kentucky · 1918
  4. Davison's Admr. v. Davison's Admrx.Court of Appeals of Kentucky · 1912
  5. Stevenson v. FlournoyCourt of Appeals of Kentucky · 1890

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