Adams Express Co. v. Crenshaw
Court of Appeals of Kentucky
Case 28—PETITION ORDINARY APPEAL FROM WOODFORD COURT OF COMMON PLEAS. 1. The court erred in refusing to quash the summons and return and dismiss the action on the ground that the defendant was not a corporation, but an ordinary partnership. 2. The court erred in refusing to direct the jury to find for the defendant on its motion. 3. There must, in every action in personam, be a person as defendant. A partnership is not a person.
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Case 28—PETITION ORDINARY APPEAL FROM WOODFORD COURT OF COMMON PLEAS. 1. The court erred in refusing to quash the summons and return and dismiss the action on the ground that the defendant was not a corporation, but an ordinary partnership. 2. The court erred in refusing to direct the jury to find for the defendant on its motion. 3. There must, in every action in personam, be a person as defendant. A partnership is not a person. I. The court properly refused to quash the summons and service upon the agent of appellant in Woodford county. The contract to carry the property was made in that…
1Opinion of the Court
.JUDGE HARGIS
delivered the opinion of the court.
Waiving the effect of pleading to the merits by appellant ■after its motion to quash was overruled, we find that, by .section 73 of the Civil Code, “an action against a common •carrier, whether a corporatión or not, upon a contract to carry property, must be brought in the county in which the •defendant, or either of several defendants, resides, or in which .......the contract is made.”
The contract to carry the diamond stud for appellee was ■made with the appellant in the county of Woodford, and the action brought therein. And subsection 4,…
2Cited by2 opinions
- Guenther v. American Steel Hoop Co.Court of Appeals of Kentucky · 1903
- Black v. BishopCourt of Appeals of Kentucky (pre-1976) · 1948