Legal Opinion

Jones v. Drake

Court of Appeals of Kentucky

Decided October 6, 1908PublishedCited by 3 opinions

CASE 66. — ACTION BY T. C. JONES AGAINST B. J. DRAKE, COUNTY JUDGE, TO COMPEL HIM, BY MANDAMUS TO RESTORE A LOST JUDGMENT. — Oct. 6. Appeal from McLean Circuit Court. T. F. Birkhead, Circuit Judge.

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CASE 66. — ACTION BY T. C. JONES AGAINST B. J. DRAKE, COUNTY JUDGE, TO COMPEL HIM, BY MANDAMUS TO RESTORE A LOST JUDGMENT. — Oct. 6. Appeal from McLean Circuit Court. T. F. Birkhead, Circuit Judge. From a judgment dismissing plaintiff’s petition, he appeals — 1. It is alleged in plaintiff’s amended petition that the defendant well knew that he, as judge of the court, had rendered the judgment, and that it had been destroyed, and therefore it was not necessary to offer any proof or to allege that proof had been offered on the hearing of a motion to restore the judgment. 2. The demurrer of the…

1Opinion of the Court

Opinion op the Court by

¥m. Rogers Clay, Commis sioner —

Affirming.

Appellant, T.. C. Jones, .seeks in this action a mandamus against B. J. Drake, county judge of McLean county, to compel him to re-enter upon the record of his court a judgment that had been destroyed. It appears from appellant’s petition that one W. G. Gibson instituted in the quarterly court of McLean county an action against him on a note for $115. The appellant, who was defendant in that action, pleaded *585non est factum. The case was heard, and the jury returned a verdict in favor of appellant. Judgment upon this verdict was…

2Cases cited2 opinions

  1. Cassidy v. YoungCourt of Appeals of Kentucky · 1891
  2. Commonwealth v. Boone County CourtCourt of Appeals of Kentucky · 1885

3Cited by3 opinions

  1. Crawford v. LewisCourt of Appeals of Kentucky · 1916
  2. Campbell v. OwensCourt of Appeals of Kentucky · 1912
  3. Carter County v. MobleyCourt of Appeals of Kentucky · 1912

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