Pindell v. Maydwell
Court of Appeals of Kentucky
Error to the Fayette Circuit. Covenant. Case 86, The date of the issue of process is the commencement of a suit— so is the service of notice in ejectment. The date of the subpoenain chancery, which is sued out and returned or placed in the hands of the officer, is the commencement of the suit. The filing of a bill in ehaneery, without suing out process thereon, will not be regarded as commencing a suit.
1Opinion of the Court
Judge Simpson
delivered the opinion of the Court.
Samuel Beach having filed an answer which he prayed might be considered a cross bill against his co-defendant, Maydwell, in a suit in chancery pending in the Fayette Circuit Court, in which Beach and Maydwell were both defendants, but having failed to sue out process thereon, the plaintiff in error, some considerable time afterwards, exhibited in his own name, as assignee in bankruptcy, a bill purporting to be an amendment to the cross bill of <®-aach* had a chancery subpoena issued thereon, and exeÜfcfíed QQ'Maydwell. Thereupon Maydwell filed…
2Cited by7 opinions
- International Paper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1919
- United States v. American Lumber Co.Court of Appeals for the Ninth Circuit · 1898
- Casey v. Newport Rolling Mill Co.Court of Appeals of Kentucky · 1913
- United States v. American Lumber Co.U.S. Circuit Court for the District of Northern California · 1897
- Hekla Insurance v. SchroederAppellate Court of Illinois · 1881
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