Posey v. Green
Court of Appeals of Kentucky
Case 33—PETITION EQUITY APPEAL FROWC HENDERSON COURT OF COMMON PLEAS. i. The reply of the appellee states nothing distinctly. It fails to allege the debt or debts upon which the $1,000 was to be credited. No rejoinder to it was necessary, because it was indefinite, and pointed to nothing with any certainty. ■3. No description of the land is given in the judgment, as required by repeated decisions of this court.
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Case 33—PETITION EQUITY APPEAL FROWC HENDERSON COURT OF COMMON PLEAS. i. The reply of the appellee states nothing distinctly. It fails to allege the debt or debts upon which the $1,000 was to be credited. No rejoinder to it was necessary, because it was indefinite, and pointed to nothing with any certainty. ■3. No description of the land is given in the judgment, as required by repeated decisions of this court. (Ross v. Adams, 13 Bush, 370.) .1. The reply of the appellee makes affirmative and material allegations to which the appellant failed to make rejoinder, and therefore they must be…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This action was instituted by' appellee against appellant apon a note for $3,940.89, secured by a lien on a house and lot in Henderson, Kentucky. Appellant answered, claiming that the note was entitled to a credit of $1,000, the purchase ' price of certain personal property sold by appellant to appellee, and setting up an agreement with appellee to that •effect. To this answer appellee made reply in the following language:
‘ ‘ Plaintiff denies that such agreement was ever made or assented to by him, or that he, Green, made any further agreement…
2Cited by11 opinions
- Cassidy v. BerkovitzCourt of Appeals of Kentucky · 1916
- Lester v. GatewoodCourt of Appeals of Texas · 1914
- Day & Congleton Lumber Co. v. Stadler & Co.Court of Appeals of Kentucky · 1902
- Ballard v. CashCourt of Appeals of Kentucky · 1921
- Weinstein v. RhorerCourt of Appeals of Kentucky (pre-1976) · 1931
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