Legal Opinion

Helm v. Coffey

Court of Appeals of Kentucky

Decided March 28, 1882PublishedCited by 21 opinions

Case 34 — ORDINARY— APPEAL FROM DAVIESS CIRCUIT COURT. Although the cause was submitted to the court for a trial of law and fact, no motion for a new trial nor grounds were necessary. (Union Ins-Go. v. Groom, 4 Bush, 289; Blakey v. Johnson, 13 lb., 202; McHugh v. Schuylkill, 67 Denn. St., 391.) 1. The judgment is abundantly sustained by the evidence.

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Case 34 — ORDINARY— APPEAL FROM DAVIESS CIRCUIT COURT. Although the cause was submitted to the court for a trial of law and fact, no motion for a new trial nor grounds were necessary. (Union Ins-Go. v. Groom, 4 Bush, 289; Blakey v. Johnson, 13 lb., 202; McHugh v. Schuylkill, 67 Denn. St., 391.) 1. The judgment is abundantly sustained by the evidence. (Miller v. Hughes, 1st A. K. Mar.; Saufley v. Howard, 7 Dana.) 2. This case is the same as if it had been tried before a jury, and inasmuch as no motion for a new trial was made upon grounds filed, this-court will not reverse except for error in…

1Opinion of the Court

JUDGE HINES

delivered the opinion of the court.

The principal question to be considered is, whether a motion and grounds for a new trial are necessary in a common law action where the law and facts-are submitted to the court without a jury.

We are of opinion that such motion and grounds for new-trial are necessary in order to a review by this court of any alleged error committed by the court below during the progress of the trial. In the absence of a motion and grounds for a new trial, nothing is brought to this court for review on appeal except the inquiry as to whether the pleadings state any…

2Cases cited1 opinion

  1. Harper v. HarperCourt of Appeals of Kentucky · 1874

3Cited by21 opinions

  1. Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
  2. Graves' Committee v. LyonsCourt of Appeals of Kentucky · 1915
  3. Henderson v. DupreeCourt of Appeals of Kentucky · 1885
  4. Shannon v. Stratton & TersteggeCourt of Appeals of Kentucky · 1911
  5. Roberts Cotton Oil Co. v. Dodds & JohnstonCourt of Appeals of Kentucky · 1915

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