Albin Co. v. Ellinger & Co.
Court of Appeals of Kentucky
Case 30 — PETITION ORDINARY APPEAL EROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. It is not necessary that there should he a separation of the conclusions of law and fact in order to enable this court to review the judgment; nor is a motion for a new trial necessary to enable the party to maintain an appeal. Union Ins. Co. v. Groom, 4 • Bush, 289; Hartford Ins.
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Case 30 — PETITION ORDINARY APPEAL EROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. It is not necessary that there should he a separation of the conclusions of law and fact in order to enable this court to review the judgment; nor is a motion for a new trial necessary to enable the party to maintain an appeal. Union Ins. Co. v. Groom, 4 • Bush, 289; Hartford Ins. Co. v. Haas, 87 Ky., 540; Helm v. Coffee, 80 Ky., 176; Henderson v. Dupree, 82 Ky., 678. 2. Although there is no separate findings of law and fact the judgment will he reversed by this court if there is no evidence…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion oe the court.
This action was instituted in the Jefferson Circuit Court by the appellee against the appellant. It is alleged in the petition that between October 19, 1894, and December 7, 1894, at the special instance and request of the defendant, he sold and delivered to defendant at the times and prices set out in an itemized account filed herewith, and marked exhibit A, the articles and merchandise therein stated, which were reasonably worth at the times of their respective deliveries the sums- stated in said account; the said sums amounting in the aggregate…
2Cases cited2 opinions
- Helm v. CoffeyCourt of Appeals of Kentucky · 1882
- Henderson v. DupreeCourt of Appeals of Kentucky · 1885
3Cited by10 opinions
- National Council Daughters of America v. PolsgroveCourt of Appeals of Kentucky · 1921
- Broadway & Newport Bridge Co. v. CommonwealthCourt of Appeals of Kentucky · 1917
- Cincinnati, N. O. & T. P. Ry. Co. v. Hansford & SonCourt of Appeals of Kentucky · 1907
- Lena Rue Coal Company v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1926
- Bingham v. MillsCourt of Appeals of Kentucky (pre-1976) · 1938
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