Court of Appeals of Kentucky, 1817

Rees v. Middleton

Rees v. Middleton
Court of Appeals of Kentucky · Decided October 13, 1817 · Boyle
8 Ky. 6; 1 A.K. Marsh. 6; 1817 Ky. LEXIS 81

Rees v. Middleton

Opinion of the Court

Chief Justice Boyle

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

The 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

Judgment affirmed, with costs.

1 Little pa. 500.

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