statutes Kentucky. Laws.

Civil and Criminal codes of practice of Kentucky online

. (page 116 of 142)
Online Librarystatutes Kentucky. LawsCivil and Criminal codes of practice of Kentucky → online text (page 116 of 142)
Font size
QR-code for this ebook


of personal property attached, credits of, &c 218 211

generally, though bringing more than debt. 695 446

property generally, credits, &c 696 446



Digitized by



Google



1



84O INDEX TO CIVIL CODE.



page. SALES BY JUDICIAL ORDER— I. Sales for DEBT—Continued. «c *«a.

of property generally, notice of time, place, &c 696 446

real property, confirmation of sale 394. 29S

712-13 division of, before sale subs. I, 694 444

though bringing more than debt subs. 2, 694 444

to enforce liens subs. 3, 694 445

purchasers' bonds 697 447

lien on real property for 699 44S

when entitled to possession of personalty 698 44S

conveyance of realty 394 398

surplus of sales, provisions concerning s. 231 ; subs. 2, 694 217, 445

II. Sales by order of circuit courts in continuous session—

court may require payment of taxes out of proceeds. Act of

1892, J 6 Appendix 7*9

deposits to cover costs of resale. J 19, Id, 731

sales to be for cash or on credit. \ 27, Id. 732

advertising of in newspapers. \ 28, Id. 732

purchaser's bonds, enforcement of, &c. \ 29, Id, 733

III. Sales of real property of persons under disability —

sale of vested estate for debts, support or investment 489 358

particular estate and reversion or remainder for invest-
ment 491 359

property jointly owned by plaintiff and others.. . .490, 496 358, 364

requirements as to sales under $ 489 and 491 492 361

bond of guardian, &c, when necessary 493, 496 362, 364

answer of infant married woman required 493 362

general provisions as to sale and conveyance of property; in-
vestment, preservation and disbursement of proceeds; death
of joint owner, &c; parties to action; joint owner's objection

to sale ; and trustee's consent 494 363

compensation for dower 495 364

when purchase money to remain a lien on land until removal of

disabilities, &c 497 3^4

who may join in action for sale and investment 498 36$

IV. Sales of land jointly owned by several persons 490 35*

SATISFACTION OF JUDGMENTS, entry of, in judgment book. . . .393 29*

enforcing (see Enforcing Satisfaction, &c.) 439 3 13

SCHEDULE for transcripts of record : see Appeals, I.

of property to be surrendered, to be made by arrested debtor 168 19 1

SCIRE FACIAS, writ of, abolished 179 193

SECRETARY OF STATE, evidence of, must be taken by deposition,

unless, etc 554—556 4»

SECURITY, additional, may be required of plaintiff in attachment . . .236 217

additional, may be required of plaintiff in injunction 288 V$

for costs 620 4*3

9 ^ \ SEDUCTION, action for.

Forms of petitions for 566, 567

SEPARATE GENERAL VERDICT: see Verdict.

SEPARATION OF WITNESSES, court may order, on motion of

either party 601 4'$

IOI -J SERVANTS—

560 \ actions against employer for tortious acts of.

562 j



Digitized by



Google



INDEX TO CIVIL CODE. 84 1



pag*. SERVICE OF JUDGMENT on absent defendants not under disa- «c. page.

bility 415, 416 307

SERVICE OF PROCESS: see Summons.

SET-OFF defined subs. 2, 96 133

allowed in answer only 95, 1 1 1 120, 159

assignments of notes, &c, do not prejudice 19 II

caption of answer must mention subs. 4, 97 140

demand for, is an action subs. 34, 732 463

disclosed by plaintiff, must be allowed absent defendant 413 307

136 estoppels against pleas of.

in inferior courts, proceedings on 720 453

137 equitable set-off, what constitutes, &c.

134-)

136 > legal set-off, decisions relating to.

'4° J judgments on .' 387 296

for money .may be set-off against each other 377 292

against which set-off may be used may be enjoined 378 293

142 limitation of.

need not be set up in answer, but may be subject of separate action .17 8

138 pleadings and practice concerning.

proceedings on, against new parties subs. 3, 97 140

not to delay trial of original is-
sues subs. 3, 97 140

provisions concerning the demand, &c, of relief, apply to. .subs. 1, 97 140

summons upon, not required against plaintiff subs. 2, 97 140

trial of may be demanded by defendant, though petition be dis-
missed 372 290

writing, on which set-off is founded, must be filed or accounted for.. 120 165

Forms of answers 664-666

SETTLEMENTS OF FIDUCIARIES IN COUNTY COURT—

provisions of General Statutes concerning, adopted 471, 472 349

SETTLEMENT OF TRUST ESTATES AND ESTATES OF DECE-
DENTS—

1. Of decedents' estates —

action for, allowed 428 316

all persons interested must be parties to 428 316

commissioner must be appointed in, by court or clerk. 430-31 317

creditors must be notified of. 430 317

appearing becoine parties to 432 318

not appearing, shall have no claim against ad-
ministrator, &c 433 318

may have action against lega-
tees, &c 434 318

legatees, &c, to give refunding bond 435 319

order of injunction may be granted in, if commenced in

three years 436 319

petition in, requisites of ; 429 317

provisions of General Statutes, as to demand, &c, adopted.437 319

venue of 65 49a

Form of creditor* 's petition for 605

2. Of trust estates, generally —

foregoing provisions applied to settlements of trust estate, &c 438 321

SHAKERS, how summons may be served on 55 42



Digitized by



Google



842 INDEX TO CIVIL CODE.



page. SHAM PLEADINGS— sec. rx«.

forbidden subs. 8, 1 13 161

SHERIFF, action against, for personal property levied on 31, 32 26, 27

affidavit as to qualification of bail or surety, may be taken by . 164, 683 190, 442

arrest of defendant by (see Arrest and Bail) 157, 158, 168 189, 191

attachment, how executed by 203, 206-208 205-6-7

expenses of keeping property taken under, allowed to.. 219 211

before levy of, may require bond of indemnity 211 208

see Attachments,

breaking of building by, when allowed 675, 676 440

deputy may act for 678 441

judgment against, on motion for money collected, &c 444 325

jury may be placed in charge of, &c 318, 319 255

levy of execution by, on interest in joint-property. 660 435

liable for insufficient surety, though party sworn 683 442

may require plaintiff in execution to defend action for wrongful levy. 31 26

notices, service of, by, &c 624-633 424, 425

officers who are included by word sheriff subs. 15, 732 462

order of delivery to be executed by (see Claim and Delivery) 186 196

process, direction of to, generally 667 438

time of reception to be endorsed 674 440

from inferior courts 701 449

punishment of, for not serving notice 633 425

return of notice or summons by 49, 624 39, 424

bonds by 641, 647, 651 { ^**^

surrender by, of property of tenant levied on 33 27

trial of right of property by sheriff and jury abolished 659 435

writs of forcible entry and detainer, duties of, concerning 454-456 342-344

SICKNESS of juror cause for discharging jury 322 256

SIGNATURE includes mark subs. 7, 732 462

of party to exhibit deemed admitted unless controverted before trial. 527 393

SIMILITER in pleadings, not allowed 112 160

SINKING FUND COMMISSIONERS, venue of action against 68 50

SLANDER: see Libel.
SMALLNESS OF DAMAGES—

not ground for new trial in action for tort, &c 341 280

SOLDIERS, how evidence of to be taken 554-556 4«>

SPECIAL DAMAGES—

given by statutes, how judgment rendered for 389 296

SPECIAL DEMURRERS: see Demurrers, 2.

SPECIAL PROCEEDINGS defined 3 1

provisions concerning actions applied to subs. 34, 732 463

SPECIAL VERDICTS: see Verdict.
SPECIFIC ATTACHMENTS: see Attachments, II.
SPECIFIC PERSONAL PROPERTY (see Claim and Delivery).
85 describing property in petition concerning.

SPECIFIC RELIEF: see Relief.
STATE : see Commonwealth.
STATEMENT—
113 of causes of action in equity.

to be filed by appellant with transcript of record. 739 481



Digitized by



Google



Digitized by



Google



Digitized by



Google



Digitized by



Google



Digitized by



Google



INDEX TO CIVIL CODE 843



PACK. SBC. PAGS.

STATUTE, judgment for damages given by 389 296

STATUTES, PRIVATE, how pleaded 119 165

STATUTORY BONDS— Fortns of petitions on. See References 842-43

, , ! a STATUTORY CAUSES OF ACTION—

113 \ actions on. t 574-75

J Forms of petitions on \ 600

STEAMBOATS, expenses of officers for keeping limited 219 211

SUBPCENA defined 528 394

disobedience of, how punished 535-539 395. 39$

duces tecum against witness 528 394

clerk of inferior court subs. 2, 743 482

issuing of 5 2 9-53 f » 57^ 394, 407

service of, generally 532, 533 394, 395

when issued by inferior court 709 451

SUBMISSION of subject of controversy to court : see Agreed Case.
of subject of controversy to arbitration : see Arbitration and Award.

party may dismiss action before 371 289

strike out cause of action before 84 56

SUBSCRIPTION, word includes mark subs. 7, 732 462

SUBSTANTIAL RIGHT, errors, &c, not affecting, to be disregarded . 134 175

SUBSTITUTION OF CREDITOR 32 27

SUCCESSIVE ACTIONS—

may be maintained on same contract or transaction 686 443

SUCCESSOR, definition of word subs. 20, 732 463

entitled to execution on judgment 402 301

revivor of actions and judgments, for and against: see Revivor.

SUE, what the word refers to subs. 37, 732 464

SUFFICIENCY OF PLEADINGS—

rules to determine, are those prescribed by Code 88 58

SUGGESTION that debt has become due, pendente lite, effect of 135 183

SUMMARY PROCEEDINGS—

327 motion for judgment allowed by sureties, clients, clerks, &c 444 325

must be made on ten days' notice 445 328

which must
state grounds,

&c 446 328

according to notice 447 328

may be made on any day of term 448 328

pleadings on, may be oral or written 449 328

329 trial of, must be according to law and equity.. 449 328

on bond for forthcoming of attached property 232, 258 217, 222

SUMMONS—
I- Actual summons —
of defendants in this State —

from circuit courts generally 40-46 37, 38

in continuous session Appendix 73 1

inferior courts 705, 706 450-5 1

defendants out of this State 56 43

Forms of 692-95

service of, after constructive service 61, 415, 416 47, 307

acknowledgment of 50 40



Digitized by



Google



844 INDEX TO CIVIL CODE.



pagb. SUMMONS — I. Actual summons— Continued. sec. i*<x

service of, before petition filed, forbidden 663 437

by whom to be made 47, 667 39, 43S

court may appoint persons to make 668 43S

how to be made generally 48-50 4P

on agents of non-residents. 51 40

common carriers 51 40

community of Shakers. 55 42

counties and corporations generally . . 51 40

and Appendix 743

infants under 14 52 41

persons of unsound mind 53 42

out of the State 56, 415, 416 43, 307

prisoners 54 42

railroad companies. See} 51, subs. 3, 40

and Appendix 743

return of, generally 49 40

to inferior courts. 710-712 451-5*

" prevented by force " not sufficient 677 440

to be entered on docket 670 439

sheriff to attend to receive 46 3$

endorse time of receiving 674 440

-2, Constructive—

affidavit for warning order 58, 550 44, 398

effect of as to facts stated. \ subs. 6, 58 45

warning orders, against whom granted and by whom made 57, 58 43, 44

appointment of attorney at time of making 59 45

duties, &c, of attorney 59 45

return of officer which authorizes 58 44

time of filing defence after. See £ 102, p. 145, and

Appendix. 73 1

when defendant deemed constructively summoned.

See \ 60, p. 47, and {21 Appendix 73 1

in court of appeals 736 477

Forms of. 695

127 SUNDAY— contracts made on.

issuing and service of process on 665 437

SUPERSEDEAS: see Appeals, 1.
SUPPLEMENTAL PLEADINGS—

when allowed and when unnecessary 135 183

SURETIES: {set Sureties for Cost.)

action of, after maturity, to compel payment by principal 661, 662 43*

provisional remedies allowed in 662 43^

before maturity, for indemnity by principal : see Indemnity.
82 averments of in action against co-surety. Note IV.

Form of petition 54*

J 28-29 defences of.

motions of against principal or co-surety for money paid : see Sum*
mary Proceedings.

proceedings against after principal's bankruptcy 693 444

qualifications of , 684 44*

affidavit concerning 683 44*



Digitized by



Google



INDEX TO CIVIL CODE. 845



'acs. SURETIES FOR COSTS— sec. page.

750 by insolvent assignees, except of negotiable paper 619 423

guardian, next friends, &c 619 423

750 non-residents and corporations, except State banks 616 422

dismissal of action if bond not given 617 422

intervening in action 29 23

by plaintiff becoming non-resident 618 422

in court of appeals 744 483

on substitution for officer of new party as defendant 32 27

transfer of plaintiff *s right, pendente lite 20 14

motion for additional security 620 423

liability of attorney if bond not given .621 423

SURGEON, how evidence of must be taken 554—556 400

SURPLUS of attached property, to be returned to defendants 231 217

162 of land, purchaser not presumed to know concerning.

Form of action for 586

SURPRISE, ground for new trial ... subs. 3, 340 271

SURREBUTTERS, SURREJOINDERS, &c—

allowed, if necessary to form issue 89 58

what they may contain 98-100 141-143

SURRENDER, by bail, of debtor to court or officer 169, 170 191, 192

SURVIVAL of rights of action 500 368

SURVEY, order of, may be made by clerk in vacation 671 439

service of process on person attending 666 438

SURVIVOR, when action may proceed against subs. 1, 2, 500 368, 369

when execution may issue for or against 402, 405 301, 302

*£ \ SURVIVORSHIP OF CAUSES OF ACTION FOR TORTS.

TAXES, affidavit to obtain order of delivery must state that property

was not taken for subs. 5, 181 194

229 enjoining collection of.

garnishment of officer holding property taken for subs. 2, 203 205

provision must be made for in sales by circuit courts in continuous

session Appendix 729

on appeals 7^6 483

TENANT, action by, for property distrained 33 27

bonds of, to discharge or suspend levy of distress- warrant 653, 658 433, 435

motion on 654 434

trial of 655, 656 434

judgment on 657 434

for life may bring action for sale of remainder or reversion 491 359

in common embraced by words joint tenant subs. 28, 732 463

TENDER—
^ i of money or property, or excuses for failure.

Forms of answers 647, 649

TENSE defined .• subs. 2, 7 462

TERM OF COURT, power of judge over judgment after expiration of. 5 18 380

power of judge after sixiy days in courts in continuous session . App. 729
TESTIMONY: see Evidence,

THINGS IN ACTION, action by assignee of 19 11

action for discovery of ^ 439 322

TIME, mode of counting, between acts 681 442



Digitized by



Google



846 INDEX TO CIVIL CODE.



rAGB. TIME OF PLEADING— «c- «*

I. In circuit courts, generally —

1. In equitable actions, time of filing defence 102, 104 M5

reply and other pleadings. 105, 106 14$

2. In ordinary actions, time of filing defence 102 14$

other pleadings : 103 14$

3. In either action, court may extend time of pleading 107 M5

party may file pleading in vacation 108, 109 MS

II. In circuit courts in continuous session —

time of filing defences and other pleadings Appendix. 73'

III. In inferior courts 706, 707 45 1

TIME OF TRIAL (see Dockets)—

1. In circuit courts generally —

of equitable actions 357, 360, 361, 364-367 285-287

ordinary actions 358, 359, 361, 363 285,286

motions 356 285

2. In circuit courts in continuous session Appendix. 730-31*33

-ol I 3' Jn in f erior courts 7°6» 7°7 *$'

4. Of appeals—

to court of appeals 753 4$

from inferior courts 726 45/

TITLE OF PLAINTIFF—
113 averment of in action to enforce lien against executory purchaser.

Form of petition, p. 576 ; of answer, p. 644 ; rf reply 674

TORTS—
84 actions lying for.

98, 99 though felonious.

105 of, for breach of contract.

98 with force, causing immediate injury, action for.

100 action for consequential injury.

101 by defendant's servants, dogs, &c.

99 without force, action for.
86, 87 damages in action for.

TRADE-MARKS—

233 injunctions against infringing.

TRANSACTION, successive actions may be maintained upon 686 443

TRANSFER of actions, from one docket to another 8-12 4-6

of actions, from one docket to another, plaintiff may require bond

before 14 \

court to another 13

attachments, pending in different courts 210

waiver of right to transfer actions *5

Form of bond for 7°5

TRANSCRIPT OF RECORDS: see Appeals.

TRANSITORY ACTIONS, venue of and service of process in 78-82 5H*

TRAVERSE defined subs. 7, 113

(I»I4*
6 7 1 answer, or any subsequent pleading may contain 95, 98-looj x q

667 \ denial, when necessary to constitute.

J in replies $

must be specific 126

161-62 presumptive knowledge of facts.

when necessary, generally 126



6

207

7



160



Digitized by



Google



INDEX TO CIVIL CODE. 847



»aoi. TRAVERSE— Continued. »*c. fags.

when necessary, by defendant constructively summoned 409 305

Forms of answers 623, 624

TREASURER OF THE STATE, evidence of, how taken 554-556 400

TRESPASS, actions for, not barred by proceedings in forcible entry, &C.468 348

attachment in action for, not granted against foreign corporations or

non-residents.subs.8,194 199

defendant, on ground
that he has no prop-
erty subject to exe-
cution.... subs. II, 194 199
85 describing property in action for.
88 lies for forcible tort under color of legal proceedings.
88 no accessories in : all who aid are principals.
102 to land, action for.

Forms of petitions 556

229 injunction against.

96 to the person.

Forms of answers 656-59

102 personal property.

Forms of answers 660

TRIAL defined 311 246

I. General provisions concerning trials —

order in which cases shall be tried 314 249

postponement of trial 315 249

affidavit for, on account of absence of evidence 315 249

amendment of pleadings, when cause for 129, 136 172, 183

to cure immaterial variance, not cause for. 130 174

as to parties not summoned in actions on contract 363 286

for failure to answer interrogatories in equitable action 142 185

ordinary action 145 186

offer to compromise, not cause for 636 427

of motion to dissolve or modify injunction 292 240

trial of attachment 259 222

time of trial : see Time of Trial,

II. Trials of actions—

1. By the court, of issues of law 312 246

of issues of fact in ordinary actions, when 312, 331 246, 263

application to, of Title IX of Code 346 283

effect of finding 331 263

710-11 exceptions to decisions in.

710 motion for new trial in.

statement of conclusions of facts found 332 264

all other issues of fact 313 246

issues, what are : see Issues,

2. Trial by jury of issues in equity —

may be ordered 313 246

247 forming issue by the court.

248 character of evidence 552 399

249 effect of verdict.

3. Trial by jury in ordinary actions —

commencement of, what is 590 411

exceptions to depositions to be taken before . .587 410

54



Digitized by



Google



848 INDEX TO CIVIL CODE.



.page. TRIAL — 3. Trial by jury in ordinary actions — Continued. «. ***■•

evidence, order of producing 3I7# 59* *5'» 4"

jury, admonition to before separating 320 255

.254 argument to, opening and conclusion of 317 251

control of, after submission of case 319 255

directions to concerning verdict to be given 317, 327 251, 261

discharge of before verdict 322 256

formation of 316 251

information may be required by 321 25$

.252-254 instructions to .' 317 251

polling of 324 236

view of property or place by 318 255

order of proceeding in trial 317 251

value in controversy which entitles party to 7 K 3 45*

verdict of: see Verdicts.

waiver of right to 312, 331 246, 2$}

see New Trial.

III. Trial of attachments 264 223

IV. Trial of writ of forcible entry or detainer 456, 457, 465 344. 347

V. Trial of motions 449 3**

TROVER : see Conversion.

TRUSTEES, action by, generally 21 14

action by, for settlement of trust estate 43* 3 W

consent of, to sale of property of person under disability, when nee*

«ssary subs. 8, 494 3*4

may submit to arbitration subs. 4, 451 333

settlement of accounts of, in county court 47* 349

TRUST ESTATES, demands against to be verified 437. 438 3*9> 3"

see Settlement, <5rV.

TRUTH and mitigating circumstances may be pleaded in slander, &c. .124 166

TURNPIKE, venue of action against contractor to build 77 5*

UMPIRE: see Arbitration and Award.

UNAVOIDABLE CASUALTY OR MISFORTUNE—

ground for new trial subs - 7» 5' 8 3*>

UNITED STATES, definition of word subs. 22, 732 #3

UNKNOWN DEFENDANT (see Defendants Constructively Summoned)—

action for discovery of, when allowed 685 443

description of, in petition and process subs. 1, 691 443

by amended petition, if name,&c, be discovered.subs.2,691 443

provisions concerning non-residents applied to subs. 3, 691 443

warning order against : see Summons, 2.

UNSOUND MIND: see Person of Unsound Mind.
549 USE AND OCCUPATION of land, action for.

USURPATION OF OFFICE: see Repealing or Vacating, &c.
8 USURY PAID ON JUDGMENT, recovery of, note 3.

VACATING CHARTER, &c: see Repealing or Vacating, &e.

VACATING JUDGMENTS: see Appeals.

VACATION, clerk may appoint guardian ad litem, during subs. 2, 38 35

clerk may make order of survey, during 671 439

reference to commissioner in action to set-
tie decedent's estate 43 1 &

filing pleadings during 108, 109 »45



Digitized by



J



INDEX TO CIVIL CODE. 849



»agi. VACATION— Continued. s«c. page.

judge may allow party to sue in firma pauperis, during . . . .subs. 2, 37 35

order sale of attached property during 218 211

VALUE—

allegations of, not coupled with a promise, express or implied, must

be proved % subs. 4, 126 169

not coupled with a promise, need not be verified ....

subs. 5, 116 163
of matter in dispute must exceed twenty-five dollars to authorize in-
junction 284 237

twenty dollars to entitle parties to

jury trial 713 452

specific property claimed must be fixed in judgment 388 296

VARIANCE—

between pleadings and proof, when material 129 172

immaterial, how cured 130 174

total is failure of proof 131 174

VENDOR entitled to attachment against fraudulent purchaser 250 220

VENUE OF ACTIONS—

against absent defendants 75 52

banks • 71 51

board of education 68 50

Commissioners of Sinking Fund 68 50

common carriers 73 51

contractors for public work 77 52

corporations, generally 72 51

guardian by ward ! 67 49b

inmates of asylums 69 50

insurance companies 71 51

officers for breach or neglect of duty 63 49

prisoners 69 50

for alimony or divorce 76 52

distribution or partition of decedents' estates 66 49b

fine, penalty, or forfeiture 63 49

injury to character or person 74 51

probate of wills ^ 64 49a

recovery of real property, partition of, injury to, &c 62 48

settlement of decedent's estate 65 49a

on bond of officer 63 49

return of nulla bona 70 50

transitory 78-82 52-54

VERDICTS described and defined 326 257

assessment of amount of money to be recovered 320, 262

value of property, &c 330 262

duty of jury, &c, after submission 319 255

judgment upon inconsistent verdicts 328 262

notwithstanding verdict 386 295

kinds of to be found 327 261

rendition of, and polling of jury 324, 325 256

retrial after failure to make 323 256

257-60 rules concerning general verdicts.

360 separate general verdicts.



Digitized by



Google



85O INDEX TO CIVIL CODE.



fagb. VERDICTS— Continued. «c fab.

260-61 rules concerning special verdicts.

258 verdicts against joint trespassers.

signing of, &c 325 256

Forms of. 706, 707

VERIFICATION defined subs. 24, 732 463

of pleadings, when required 1 16 162

when additional may be required subs. 4, 117 164

as to amendments 139 1S4

by whom to be made 117, $50 163, 398

objections for want of not heard after commencement of trial 138 184

of petition may be on or before the calling of the cause 137 1S3

other or greater proof not required because of subs. 5, 117 164

oral pleadings not required 116 162

Forms of 499

VESTED INTEREST, word " property " applies only to subs. 1 1, 732 46s

VIEW—

of property or place by jury 318 15$

VOID JUDGMENT—

appeal from, not allowed before morion to set aside 763 494

WAIVER of error, as to form of action 15 7

of error, as to misjoinder of causes of action 86 57

verification of pleadings 138 184

in pleadings subs. 4, 92 117

right of trial by jury 312, 33 1 246, 263

WARD: see guardian.



Online Librarystatutes Kentucky. LawsCivil and Criminal codes of practice of Kentucky → online text (page 116 of 142)