October 25, 2012

Lightfoot v. Payton, Lincoln, 1805

Previously:

Click here for a list of my other Pulaski/Rockcastle/Laurel County KY articles

-----------

Lightfoot v. Payton.

COURT OF APPEALS OF KENTUCKY

3 Ky. 3; 1805 Ky. LEXIS 12; 1 Hard. 3

March, 1805, Decided

PRIOR HISTORY:  [**1]  Payton brought suit in the Danville district court against Lightfoot, in debt, for sixty pounds, and declared on two separate bonds for thirty pounds each. Judgment was rendered by default for the plaintiff in the Lincoln circuit court, to which the cause was transferred on the change of the judiciary system. On a writ of error being prosecuted. 

DISPOSITION: Judgment reversed. 

OPINION
 [*3]  THE COURT DECIDED--That uniting several demands in order to produce a sum of which the district courts had cognizance, is deemed illegal; (1) as without that union, those courts had not jurisdiction of either demand, wherefore, the first error assigned is adjudged to be well founded and sufficient to reverse the judgment.


(1) Acts of 1795, ch. 1, sec. 1, p. 23.

No comments: