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8 Ky. 6

Rees v. Middleton

Court of Appeals of Kentucky

Decided October 13, 1817

Court of Appeals of Kentucky · decided 1817-10-13

<p>After issue tirie in'? 'cf ment* no exception can uiie of the declaration.</p>

Decided 1817-10-13

Chief Justice Boyle

¶1delivered the opinion of the court. This is an appeal from a judgment for the plaintiff, in an action of ejectment,'

¶2The only error assigned, questions the sufficiency of the declaration, whether the objection taken to the declaration w°uld have been availing, if it had been made at the proper time, need not be determined, for after issue joined,- no adyaotage can be taken of any defect, either of form or substance, in a declaration in an action of ejectment, a

¶3Judgment affirmed, with costs.

¶4 1 Little pa. 500.

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