Gentry v. Doolin
Court of Appeals of Kentucky
CASE 1 — APPEAL TO C. C. APPEAL PROM MADISON CIRCUIT COURT. ÜITED— 17tk section Rev. Stat., chap, on Cost. Section 850, Civil Code. Hardin's Rep., 243; Commonwealth vs. Berry. 4 Burrows, 2539; Rex vs. Wilkes. 4 Sargeant Rawle, 265. 2 Institute, 50 and 298. CITED— Section 132, Civil Code; lb., 850-851. Sections 17 and 18, chap. 25, Revised Statutes.
1Opinion of the Court
JUDGE HARDIN
delivered the opinion oe the court:
The evidence tending to establish the appellee’s claim for the services of his slave was, we think, sufficient to authorize the verdict of the jury; and, although the time at which the services were rendered seems to have been in 1864, instead of 1863, as stated in the petition, we do not regard this discrepancy as sufficient to have authorized the court to instruct the jury as in case of a non-suit, as asked by Gentry.
Nor does it appear to us that the court erred in refusing to permit the appellant to read as evidence to the jury the paper…
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