108 Ky. 691 | Ky. Ct. App. | 1900
Opinion of the coubt by
Reversing.
These actions., were brought by the city of Louisville against R. \V. Woolley and his wife, Mary E. Woolley, on the 8th day of August, 1894, to collect certain taxes due the' city, which had been assessed against the real property of the wife. The defendants filed their demurrer to the petition on the 12th day of September thereafter, and subsequently, on the 14th day of April, 1896, filed their joint answer, without any action by the court upon the demurrer. A part of the property sought to be subjected to the payment of these taxes' was held in the name of Mary E. Woolley, and a part was held in the name of.R. W. IVoolley as trustee for Mary E. Woolley. During the pen-dency of these actions Mary E. Woolley died intestate on the 2d day of February, 1897, and R. W. Woolley qualified as her administrator on the 24th day of February, 1897. On the 12th day of March, 1898, the plaintiff tendered and moved to file an amended petition asking that the actions be revived against R. W. Woolley, administrator of the estate of Mary E. Woolley, Sophia J. Woolley, Mary J. Fenley, and Oscar Fenley, her husband, as the only heirs at law of Mary E. Woolley. This motion was resisted by the proposed defendants upon the ground that the amend
The chief, and, indeed, we may say, the only, question for decision upon this appeal is whether plaintiff’s petitions for a revivor were tendered in time. It is contended, for appellees that this proceeding is an action which com-
The heirs at law are also necessary parties, and the proceeding could have been revived against them. See Gardner’s Adm’r v. Roberts, 4 Kentucky Law Reports 614; Greer v. Powell, 1 Bush, 489. The second amended or supplementary petition offered sought to subject the
Petition of appellee for rehearing overruled.