Shean v. Gist

Decided October 15, 1868

Court of Appeals of Kentucky · decided 1868-10-15

An action ordinary was instituted in February, 1866, against Shean by appellees to recover $1,050 rent on 104 acres of land for a period of five years, which Shean had in use, and in April, 1866, an amended petition, was filed, alleging an indebtedness of $1,075 for hire of personal property.

Decided 1868-10-15

¶1Opinion oe ti-ie Court by

Judge Robertson :

¶2The failure to answer the petition in proper time authorized the judgment as rendered. There was no available error in refusing the answer when offered. It did not show the ground of the suit to which it referred, nor did it present on its own face any good ground for changing or suspending the judgment which the petition of the appellees was seeking to enforce.

¶3We see no error in the judgment appealed from. It is therefore affirmed.