Leading And Select Cases On Trusts With Extended Abstracts of Important Cases
Leading And Select Cases On Trusts With Extended Abstracts of Important Cases
Ties20bearing20on20every20branch20of20the20
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IN THE KENTUCKY COURT OF APPEALS. 477 maintain a similar suit, and consequently a corporation could do the same ; and the defendants were required to answer. Further delay ensued, in rulings and discussions as to what part of the record of the proceedings in the Fayette Circuit Court (wherein the sale was made) should be filed by the plain- tiff, as an exhibit to its petition. And finally, on the last day allowed by^the court therefor, the 20th of November, 1868, the defendants, Q. A. Keith, A.... Hathaway, Win. Ernst, John W. Stevenson, Eli C. Baldwin, as administrators of Robert B. Bowler, and Jas. C. Gedge, filed a demurrer to the petition, and alleged as causes of demurrer, 1. That the court had no jurisdiction of the action ; 2 and 3. Defect of parties plaintiff and defendants ; 4. Want of capacity in plaintiff to sue ; and, 5. That the petition did not state a good cause of action. This demurrer was overruled by Hon. JOHN W. MENZIES, Special Judge. On the same day, the same parties filed an answer, occupy- ing twenty-nine pages of the printed record.
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