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24 Ky. 95

Hay v. Arberry

Court of Appeals of Kentucky

Decided February 5, 1829

Court of Appeals of Kentucky · decided 1829-02-05

<p> Trespass. Local action. Jurisdiction. Demurrer. Judgment in bar. </p> <p>It is error to render judgment in bar, upon overruling demurrer to plea to the jurisdiction.</p> <p>Mandate.</p>

Decided 1829-02-05

Judge Robertson

¶1delivered the opinion of the Court.

¶2This was a local action, brought in Estill. The defendant plead by attorney, to the jurisdiction, alleging that the supposed trespass was committed in Perry county; a demurrer to this plea being overruled, the court gave judgment in bar of the action.

¶3The judgment ought not to have been in bar, and the court ought to have offered leave to reply to the plea.

¶4It is, therefore, considered by the court, that the judgment of the circuit court be reversed, and the cause remanded for new proceedings.

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