Walker v. Craddock

Decided January 6, 1875

Court of Appeals of Kentucky · decided 1875-01-06

<p>Suit on Judgment — Pleading.</p> <p>A petition on a judgment, to be sufficient, must aver that tbe judgment sued on was unpaid at tbe time tbe suit was brought.</p>

Decided 1875-01-06

¶1Opinion by

Judge Cofer:

¶2It is not alleged that the judgment, satisfaction of which is sought in this suit, was unpaid at the time the suit was brought; and the petition is, therefore, insufficient, and the judgment in this case must consequently be reversed.

¶3As any inaccuracy of the judgment may be corrected upon a return of the cause, it is not necessary to decide whether such inaccuracy is error to be corrected here, or misprision to be corrected in the court below.

¶4The judgment is reversed and the cause is remanded with directions to allow the appellee to amend his petition and for further proceedings.