Meaux v. Meaux
Court of Appeals of Kentucky
Case 75 — WILLS. PRACTICE APPEAL PROM MERCER CIRCUIT COURT. Every ground for a new trial fully set forth the error relied upon, except, perhaps, that which relies upon “ errors of law occurring during the trial.” As to the others, no real objection can be made. The court improperly pei’mitted several witnesses to detail the conversations and acts of one of the attesting witnesses.
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Case 75 — WILLS. PRACTICE APPEAL PROM MERCER CIRCUIT COURT. Every ground for a new trial fully set forth the error relied upon, except, perhaps, that which relies upon “ errors of law occurring during the trial.” As to the others, no real objection can be made. The court improperly pei’mitted several witnesses to detail the conversations and acts of one of the attesting witnesses. The court erred in refusing to give instructions (a) 5, (a) 4, and erred in giving instructions Nos. 5 and 4 on motion of appellee. (McClain v. Dibble, 13 Bush, 298; 2 Bibb, 150; 1 Mar., 133; 5 Mon., 34; 10 B-Mon.,…
1Opinion of the Court
JUDGE PKYOK
dicliveked the opinion op tiie court.
This record presents various questions of practice under the Code that the court should dispose of before proceeding to consider the merits of the controversy. This is an appeal from the judgment below determining that a certain paper offered for probate in the Mercer county court is not the last will and testament of Lowery Meaux.
The first question presented is, does the bill of exceptions form a part of the record? Section 334 of the Civil Code provides that “the party objecting must except when the decision is made, and time may be given to…
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