Meek v. McCall
Court of Appeals of Kentucky
Case 71 — EQUITY APPEAL FROM GREENUP CIRCUIT COURT. 1. The court erred in refusing to compel appellees Wilson, Andrews &- Co. to paragraph their petition.
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Case 71 — EQUITY APPEAL FROM GREENUP CIRCUIT COURT. 1. The court erred in refusing to compel appellees Wilson, Andrews &- Co. to paragraph their petition. (Civil Code, sec.'U3, subsec. 3.) 2. The court should have compelled appellees to elect which cause of' action they would prosecute. 3. If the order awarding an issue out of chancery was correct, it was a flagrant error to set it aside and refer the case to a commissioner. 4. Nearly all the issues were legal, and appellant clearly had the right to ■ a jury trial. 5. When appellee McCall filed his petition to be made a party, he failed to…
1Opinion of the Court
-JUDGE PRYOR
delivered the opinion of the court.
Hampton, as the assignee of a firm of bankers, doing business under the firm name of Wilson, Andrews & Co., •in conjunction with the firm, instituted this action in equity, -seeking to recover of the appellant Meek a balance of over . $3,000, alleged to be due the bank by reason of overdrafts by the appellant.
He also alleged that the appellant was indebted to-that -firm by reason of three several notes executed by the appel1 lant to third parties, and by them assigned to the bank, and asked judgment thereon.
It was further alleged, that to secure…
2Cited by5 opinions
- Hill v. Phillips' Adm'rCourt of Appeals of Kentucky · 1888
- Carder v. WeisenburghCourt of Appeals of Kentucky · 1893
- Small v. ReevesCourt of Appeals of Kentucky · 1898
- Huling v. City of Columbus, Court of Common Pleas of Ohio, Franklin County, Civil Division1912
- Betz v. Newport Provision Mart Ass'nCourt of Appeals of Kentucky · 1884