Legal Opinion

Houston v. Ducker

Court of Appeals of Kentucky

Decided October 4, 1887Published

Case 18 — RULE APPEAL PROM PENDLETON CIRCUIT COURT. It is the duty of the clerk to make out a transcript for the unsuccessful litigant in the circuit court, without previously demanding payment or security for the fee. (Bates v. Eoreo, 4 Bush, 430; Collins v. Cleaveland, 17 B. M., 365; Duncan v. Baker, 13 Bush, 516.) Brief not in record.

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

At the April term, 1883, of the Pendleton Circuit Court, verdict and judgment were rendered against the appellant in an action in which he was plaintiff. But the motion for a new trial, duly made by him, was not acted on until the November term, 1883, when judgment was entered overruling it, from which he prayed an appeal to the Court of Appeals. At the same term he tendered a bill of evidence and exceptions'; but from some unexplained cause it was not signed by the judge and made part of the record until the April term, 1885. August 17, 1886, a…

2Cases cited2 opinions

  1. Bates v. ForeeCourt of Appeals of Kentucky · 1868
  2. Duncan v. BakerCourt of Appeals of Kentucky · 1877

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