Williams v. Taylor
Court of Appeals of Kentucky
Case 29 — PETITION FOE EETEIAL APPEAL FROM MASON CIRCUIT COURT. CITED Civil Code, secs. 445, 446, 574, 579, 584, 319, 322, 204, 461, 141, 242, 243, 289, 691, 741, 800, 151, 440. Acts of 1865-66, p. 664. Acts of 1867, vol. 2, p. 153. Freeman on Judgments, sec. 564. Co. Litt. 246. 1 Story’s Eq., sec. 549. Revised Statutes of Iowa, 1860, sec. 8160. Law Rep. 7, ch. App. 646. Barton’s Suit in Eq.
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Case 29 — PETITION FOE EETEIAL APPEAL FROM MASON CIRCUIT COURT. CITED Civil Code, secs. 445, 446, 574, 579, 584, 319, 322, 204, 461, 141, 242, 243, 289, 691, 741, 800, 151, 440. Acts of 1865-66, p. 664. Acts of 1867, vol. 2, p. 153. Freeman on Judgments, sec. 564. Co. Litt. 246. 1 Story’s Eq., sec. 549. Revised Statutes of Iowa, 1860, sec. 8160. Law Rep. 7, ch. App. 646. Barton’s Suit in Eq. (Holcomb’s ed.) 154. 5 House of L. Ca. 185, Jordan v. Money. 7 Kansas, 110-24, Carithers v. Weaver. 6 Ad. & E. 469, Pickard v. Sears. 3 Met. 502, Megowan v. Pennebaker. 1 Met. 281, Todd v. Dowd. 3 Met.…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
When a judgment has been rendered against a defendant constructively summoned, and who did not appear, such defendant may at any time within five years after the rendition of the judgment appear in court and move to have the action retried; and, security for the costs being given, he shall be admitted to make defense; and thereupon the action shall be • retried as if no judgment had been rendered, and upon the new trial the court may confirm the former judgment or modify or set it aside. (Section 445, Civil Code.)
A defendant seeking the benefits…
2Cited by5 opinions
- Covington Trust Co. of Covington v. OwensCourt of Appeals of Kentucky (pre-1976) · 1939
- Leach v. GillCourt of Appeals of Kentucky (pre-1976) · 1938
- Underwood v. CunninghamCourt of Appeals of Kentucky (pre-1976) · 1948
- Back v. Bank of JamestownCourt of Appeals of Kentucky (pre-1976) · 1931
- Gregson v. SalleeCourt of Appeals of Kentucky · 1953