11 Ky. Op. 269 | Ky. Ct. App. | 1881
Opinion by
The judgment in favor of Field v. Kentucky Union R. Co. was upon notes which were placed upon the footing of bills of exchange in so far as to deprive the appellant, Reid, or the appellee company of asserting any equitable defenses which they might have had to the notes before they were assigned to Field, unless he had notice of the asserted equities or had fraudulently combined with Cain to cheat the appellant. Neither the alleged notice nor the charge of fraud is proven, and as neither can be presumed, but must be proven, the court properly dissolved the injunction and dismissed the appellant’s action against Field and the company.
The process was served upon the appellee, Cain, in Jefferson county and the appellee company in Bourbon where the suit was brought. The court had jurisdiction of the subject of the action and the persons of all the defendants on the issues of fraud and notice to Field; but as they were decided against the appellant, he had left no other cause of action stated in his petition, but upon the written contract of November 4, 1874. As the remedy
A party cannot join a cause of action purely at law against one party with allegations which constitute an equitable cause of action against him and other parties, and thus obtain jurisdiction of the former to try the action at law in a distant county from his home, unless he obtains judgment against the defendants who reside or are summoned in the county where the suit is brought.
It is not necessary, therefore, to- construe the written contract or ascertain the rights of the parties to it.
Wherefore the judgment is affirmed.