Knott v. Jarboe
Court of Appeals of Kentucky
CASE 30 — PETITION EQUITY APPEAL FROM MARION CIRCUIT COURT. The facts appear in the opinion of the court. The sheriff was not authorized to serve process in a case wherein he was plaintiff. (Civil Code. sec. 737.) The appellant shows an undoubted right to relief if the statements of his petition be true, and these are admitted upon demurrer. 1. The petition should be treated as a bill of review.
Read the full summary
CASE 30 — PETITION EQUITY APPEAL FROM MARION CIRCUIT COURT. The facts appear in the opinion of the court. The sheriff was not authorized to serve process in a case wherein he was plaintiff. (Civil Code. sec. 737.) The appellant shows an undoubted right to relief if the statements of his petition be true, and these are admitted upon demurrer. 1. The petition should be treated as a bill of review. (12 B. Mon., 585.) The pre-existing rules and practice of equity as it regards bills of review are not changed by the Civil Code. (14 B. Mon., 212.) Bills of review may be filed for two causes: 1. For…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
James R. Knott was appointed the guardian of his brother, Thomas Knott, and as such executed bond, with Drain and Chandler his sureties. Thomas Knott died in 1854, intestate, and no person having administered on his estate, Jarboe, who was the sheriff of Marion county, was directed by an order of the county court to take charge of the property of the decedent, and to dispose of it according to law. In December following Jarboe instituted an action in his own- name, as administrator of the decedent, against James R. Knott, the former guardian, and…
2Cited by6 opinions
- People v. Le DouxCalifornia Supreme Court · 1909
- Croley v. HuddlestonCourt of Appeals of Kentucky (pre-1976) · 1947
- Adams v. Letcher CountyCourt of Appeals of Kentucky (pre-1976) · 1944
- Taylor v. Democratic CommitteeCourt of Appeals of Kentucky · 1905
- Year 2001 Budget Appeal of Landgren v. Pipestone County Board of CommissionersCourt of Appeals of Minnesota · 2001
1 more not listed; retrieve them via the Exa API.