Helm v. Coffey
Court of Appeals of Kentucky
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
- Harper v. HarperCourt of Appeals of Kentucky · 1874
3Cited by21 opinions
- Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
- Graves' Committee v. LyonsCourt of Appeals of Kentucky · 1915
- Henderson v. DupreeCourt of Appeals of Kentucky · 1885
- Shannon v. Stratton & TersteggeCourt of Appeals of Kentucky · 1911
- Roberts Cotton Oil Co. v. Dodds & JohnstonCourt of Appeals of Kentucky · 1915
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