Court of Appeals of Kentucky, 1813

Welton v. Davis

Court of Appeals of Kentucky · Decided June 2, 1813 · Owsle

6 Ky. 84; 3 Bibb 84; 1813 Ky. LEXIS 46

Cases that cite this one

1 later published case cites this decision.

Hartfield v. Patton (Ark. 1835)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPI!.~.I9N qf the Court, by

Judge OWSLE'r.

-Daryls having coi~e~ced an ejectment in the Cta,~k circuit court; but failing to prosec~ite the same, the ~oUrt, on the ~tion 9f Welton, ordered it to be disfl~iSsed, ~ut f411.ed to give judgment for costs. 4t a subsequent term a m~tion was made t~ amei~d the ju~gment.by ftwar4ing costs, but t~ie rnotio~ v~a~s overrdled by the court.

*85That Welton was entitled* to his costs expended ⅛ his defence to the ejectment,, we have no doubt. The court, on dismissing it, should, as an»inseparable incl* dent thereto, have entered judgment fb#4osts * not having done so, the judgment is erroneous and must be reversed with cUjffs ; the cause remanded, afid the an* tion dismissed with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.