Legal Opinion

Lewis v. Miller

Court of Appeals of Kentucky

Decided May 20, 1903PublishedCited by 9 opinions

Case 74 — 'Application by Katherine D. Lewis for a .Writ of •Prohibition against . Shackelford Miller, Judge, to Prevent Him from Proceeding with the Trial of an Action. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. POINTS AND AUTHORITIES. 1. This court has full power and authority to issue a writ of prohibition for the reason that the court ‘below has acquired no jurisdiction over the person of 'the defendant. Constitution of Ky., sec. 110; Ky.

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Case 74 — 'Application by Katherine D. Lewis for a .Writ of •Prohibition against . Shackelford Miller, Judge, to Prevent Him from Proceeding with the Trial of an Action. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. POINTS AND AUTHORITIES. 1. This court has full power and authority to issue a writ of prohibition for the reason that the court ‘below has acquired no jurisdiction over the person of 'the defendant. Constitution of Ky., sec. 110; Ky. Stats., sec. 949; Freeman on Judgments!, sec. 118; C. & O. S. W. R. R. Co. v. Heath’si Adtmr., 87 Ky., 651; Preston v. Fidelity Trust &…

1Opinion of the Court

Opinion of the coubt by

CHIEF JUSTICE BURNAM

'Denying wbet.

The plaintiff, Katherine D. Lewis, has applied to this court for a writ of prohibition against the Honorable Shackelford Miller, judge of the First division of the chancery branch of the Jefferson circuit court, to prevent him *626from proceeding with the trial of an action instituted against her in the Jefferson circuit court by the Citizens’ National Bank of Louisville. She alleges, in substance, that in January, 1875, .the Citizens’ National Bank recovered a judgment against her father, Blanton Duncan, deceased, for $1,750, with…

2Cases cited3 opinions

  1. Catlett v. MortonCourt of Appeals of Kentucky · 1823
  2. King v. CoitSupreme Court of Connecticut · 1810
  3. Johnson v. OffuttCourt of Appeals of Kentucky · 1862

3Cited by9 opinions

  1. Kaufman v. GarnerU.S. Circuit Court for the District of Western Kentucky · 1909
  2. Childers v. StephensonCourt of Appeals of Kentucky (pre-1976) · 1959
  3. Mark v. Marlowe v. George O. Baird, Jr.Court of Appeals for the Sixth Circuit · 1962
  4. McQueen v. CommonwealthCourt of Appeals of Kentucky · 1922
  5. Thomas v. BlackwellSupreme Court of Oklahoma · 1935

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