Reports of Civil And Criminal Cases Decided By ..., volume 20; volume 127
Reports of Civil And Criminal Cases Decided By ..., volume 20; volume 127
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell
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158, 80 S. W. 484, 26 Ky. Law Rep. 31; Rutherford v. Illinois Central R. Co., 120 Ky. 15, 85 S. W. 199, 27 Ky. Law Rep. 397. And it has been ruled in a num- ber of cases that the motive or purpose of the plain- tiff in joining the defendants will not be inquired into, provided a cause of action is stated against them jointly. Winston^s Adm'r v. Illinois Central R. Co., Ill Ky. 954, 23 Ky. Law Rep. 1283, 65 S. W. 13, 55 L. R. A. 603; C. & 0. Ry. Co. v. Dixon, 179 U.S. 131, 21 Sup. a. 67, 45 L. E...d. 121; Ruther ford V. Illinois Central R. Co., 120 Ky. 15, 85 S. W. 199, 27 Ky. Law Rep. 397. But when, during the progress of the trial — for instance, at the close of the plaintiff's evidence — it becomes apparent that no cause of action has been made out against the resi- dent defendant, and there is nothing in the record to warrant tho presumption or conclusion that a stronger case could have been made out when the petition was filed, the court will not sit idly by and permit a plaintiff, by making allegations that he must have known he could not establish, to deprive the defendant of a right guarantied to it or him by Digitized by Google 7ol.
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