Hamlin v. Stevenson
| Decision Date | 04 November 1836 |
| Citation | 34 Ky. 597 |
| Parties | Hamlin v. Stevenson. |
| Court | Kentucky Court of Appeals |
FROM THE CIRCUIT COURT FOR LEWIS COUNTY.
Mr. Beatty for plaintiff.
No appearance for defendant.
Hamlin, being twenty-one years old on the day preceding the twenty-first anniversary of his birth, was, of course twenty-one years of age on the day when the plea in abatement was filed, and when the issue upon it was tried.
A person is of full age on the day preceding the 21st anniversary of his birth.
Infancy and want of prochein amie is not pleadable in abatement after the plaintiff is of age--tho' the suit was brought before.
And therefore, as he then had a right to prosecute his suit in his own name, without the intervention of a prochein amie, the plea that he was an infant when he brought the suit, was not available for abating the suit.
And, moreover, had the plea been sustained the Circuit Court erred in rendering a judgment in bar of the suit.
Wherefore, the judgment must be reversed, and the cause remanded with instructions to render a judgment for Hamlin, on the verdict for nine dollars.
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Smith v. Yearwood
... ... Campbell v. Bowne, 5 Paige Ch. (N.Y.) 34; Tucker ... v. Wilson, 68 Miss. 698, 9 So. 898; Hamlin v ... Stevenson, 34 Ky. 597. The court declined to allow the ... amendment, on the ground that it came too late, and then read ... the ... ...
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People v. Stevenson
...to the seventh day of that month in 1873. To the same effect are Wells v. Wells, 6 Ind. 447; State v. Clarke, 3 Har., Del., 557; Hamlin v. Stevenson, 4 Dana, 597 ; Ross v. Morrow, 85 Texas, 172, [19 S.W. 1090, 16 L.R.A. 542]. Where a statute provided that as to defendants between the ages o......
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Kostanzer v. State ex rel. Ramsey
... ... reason which the plea disclosed had ceased to exist at the ... time the plea was filed. In the case of Hamlin v ... Stevenson (1836), (34 Ky. 597, 4 Dana 597), the ... plaintiff had brought suit while still an infant. A plea in ... abatement was filed ... ...
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Commonwealth v. Howe
... ... to the seventh day of that month in 1873. To the same effect ... are Wells v. Wells, 6 Ind. 447; State v ... Clarke , 3 Harr. 557; Hamlin v. Stevenson, 34 ... Ky. 597, 4 Dana 597; Ross v. Morrow, 85 Tex. 172 ... Where a statute provided that as to defendants between the ... ages ... ...