Maddox's Ex'r v. Williams
Court of Appeals of Kentucky
Case 27 — PETITION EQUITY APPEAL PROM CAMPBELL CHANCERY COURT. 1. Whenever the ends of substantial justice are subserved thereby, the court should allow an amendment to a pleading at any time, and the failure to allow the filing of an amendment under such circumstances is a reversible error.
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Case 27 — PETITION EQUITY APPEAL PROM CAMPBELL CHANCERY COURT. 1. Whenever the ends of substantial justice are subserved thereby, the court should allow an amendment to a pleading at any time, and the failure to allow the filing of an amendment under such circumstances is a reversible error. (Civil Code, sections 134-5; Todd v. Wheeler, 1 Dana, 401.) 2. The matters set up in the rejected pleading were not res adjudicada, because they had not been previously put in issue, and could not have been because arising subsequent to the former litigation. Allowing amendments to pleadings is a matter…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
Robert Maddox died intestate and unmarried in 1868, leaving as the heirs of his estate, which consisted of both realty and personalty, his three sisters, the appellant, Eliza Johnson, the appellees, Elizabeth Williams and Artemesia Durst, and his brother, Alexander Maddox. The latter qualified as his administrator, and as such representative obtained control of the personal estate, and also, by consent of the other three heirs took charge of the real estate. He not only rented it out and collected the rents, but sold a portion of it and collected…
2Cases cited3 opinions
- Denny v. WickliffeCourt of Appeals of Kentucky · 1858
- Scott v. Scott's ex'rCourt of Appeals of Kentucky · 1871
- Speak v. MattinglyCourt of Appeals of Kentucky · 1868
3Cited by3 opinions
- Herriman Irrigation Co. v. KeelUtah Supreme Court · 1902
- Taylor v. MillsCourt of Appeals of Kentucky (pre-1976) · 1958
- Louisville & Nashville R. R. v. Paynter's Admx.Court of Appeals of Kentucky · 1907