Legal Opinion

Burchett v. Herald

Court of Appeals of Kentucky

Decided November 30, 1895PublishedCited by 3 opinions

Case 83 — PETITION ORDINARY — APPEAL EROM FLOYD CIBCUIT COURT. It was error to render judgment by default without proof of the damage alleged. (Civil Code, secs. 126, 379; Daniels v. Judy, 14 B. M., 393; Mead v. Nevil, 2 Duv., 280; Shreve v. Sbreve, 2 Met., 339; Clark v. Seaton, 18 B. M., 226; Gould &c. v. Bonds, 1 Bush, 190; Beam v. Hayden, 5 Bush, 427. No proof as to the value of the use of the land was required.

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Case 83 — PETITION ORDINARY — APPEAL EROM FLOYD CIBCUIT COURT. It was error to render judgment by default without proof of the damage alleged. (Civil Code, secs. 126, 379; Daniels v. Judy, 14 B. M., 393; Mead v. Nevil, 2 Duv., 280; Shreve v. Sbreve, 2 Met., 339; Clark v. Seaton, 18 B. M., 226; Gould &c. v. Bonds, 1 Bush, 190; Beam v. Hayden, 5 Bush, 427. No proof as to the value of the use of the land was required. The damages alleged are not of the character contemplated by subsection 4 of section 126 of the Civil Code. (Ragsdale v. Lander, 80 Ky., 61; Harris v. The Merz Architectural Iron…

1Opinion of the Court

JUDGE GRACE

delivered the opinion oe the court.

This suit was filed in the court below by the appellees, who are the children and heirs-at-law of J. W. Herald, deceased, against appellant, seeking-to recover a certain tract rendered by default (“the allegations of the petition being their ancestor, and which came to them by inheritance, and of which they charge “that appellant is in the unlawful possession, and that he unlawfully and without right detains the possession from them to their great damage in the sum of one hundred dollars.”

On this petition summons was duly issued and served, and,…

2Cases cited3 opinions

  1. Slone v. SloneCourt of Appeals of Kentucky · 1859
  2. Gould v. BondsCourt of Appeals of Kentucky · 1866
  3. Mead v. NevillCourt of Appeals of Kentucky · 1865

3Cited by3 opinions

  1. Carter Coal Co. v. BaysCourt of Appeals of Kentucky · 1919
  2. Kraft v. BallbackCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Simpson v. ShirleyCourt of Appeals of Kentucky · 1923

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