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Abbott's Practice Cases Volume 16

Abbott's Practice Cases Volume 16


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ... Baldwin a. Kimmel. 1849 by the name of E. C. Kimmel, that said judgment of 1849 remains in full force and effect, and was duly assigned to tjae present plaintiff Baldwin, by whom it is now owned; and thereupon judgment is demanded in the complaint against the defendant for the full amount of the original judgment, with interest. The defendant Elizabeth C. Kimmel was. alone served with the summons and complaint in the present action, and alone answered, denying in her answer every allegation of the complaint; and further denying that she had been served with the summons and complaint in the action of 1849, and also controverting.the allegation that she was the person intended to be described as defendant by the name of E. C. Kimmel in that action, and alleging that at the time of the recovery of the judgment in 1849 she was, and is yet, a married woman, the wife of said Alexander F. Kimmel; and further denying any indebtedness to the Humphreys upon which her separate estate could be charged. The cause was referred, and, upon the trial before the referee, the judgment-roll of the judgment of 1849 was read in evidence, under exceptions taken by the defendant; such exceptions alleging that the judgment was void: first, because it is a judgment in personam against a married woman upon a promissory note made by her during coverture; and, secondly, because the affidavit of service of the summons and complaint is insufficient. Proof of the assignment of the judgment to the present plaintiff was also made. The defendant Elizabeth C. Kimmel testified, on her own behalf, that she was the wife of the defendant Alexander F. Kimmel, and was so at the time of the making of the note upon which the judgment of 1849 was obtained; that she was never served...


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Product Details
  • ISBN-13: 9781150698644
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 216
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1150698640
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 395 gr


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