Childers v. Little
Court of Appeals of Kentucky
Case 59 — PETITION EQUITY — APPEAL PROM BREATHITT CIRCUIT COURT. J. P. Gillum was not the special judge at the September Term, 1891, and< had no legal authority to render any judgment in the case. (Gen. Statutes, chap. 28, art. 7, sec. 1.) If appellant’s contention be true that the special judge who gave the judgment appealed from was not authorized to act, he should have-moved for a new trial or have ignored the judgment as void.
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Case 59 — PETITION EQUITY — APPEAL PROM BREATHITT CIRCUIT COURT. J. P. Gillum was not the special judge at the September Term, 1891, and< had no legal authority to render any judgment in the case. (Gen. Statutes, chap. 28, art. 7, sec. 1.) If appellant’s contention be true that the special judge who gave the judgment appealed from was not authorized to act, he should have-moved for a new trial or have ignored the judgment as void. Besides,, the judgment shows on its face that the cause was submitted to J. P. Gillum as special judge without objection from appellant, and that appellant and…
1Opinion of the Court
JUDGE GUEEY
delivered the opinion of the court.
Some time prior to February, 1888, Marion Childers, instituted suit in the Breathitt Court of Common Pleas against C. J. Little, for the recovery of three Breathitt county bonds of five hundred dollars each or their value, fifteen hundred dollars, and five hundred dollars damage for failure to return or account for the bonds. The defendant made defense and the cause was finally transferred to equity. Some time before the March term, 1891, of the Breathitt Court of Common Pleas, S. H. Patrick, defendant’s attorney, became judge of said court, and…
2Cited by8 opinions
- Dupoyster v. ClarkeCourt of Appeals of Kentucky · 1905
- Small v. ReevesCourt of Appeals of Kentucky · 1898
- Moore v. Potter-Matlock Trust Co.Court of Appeals of Kentucky · 1915
- Clark v. Satterfield's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Greenway's Guardian v. GreenwayCourt of Appeals of Kentucky (pre-1976) · 1936
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