Monarch v. Brey
Court of Appeals of Kentucky
Case 84 — ENTRY OF JUDGMENT NUNC PRO TUNC APPEAL PROM DAVIESS CIRCUIT COURT. 1. At the December term the court had no jurisdiction to enter an order in a civil case, it being a criminal -term only. 2. The court had no right to make a nunc pro tunc order and hear 'evidence of such order without notice to the party to be affected by it. 3. The court had no right to enter an order as of the date October 1st when no court was in session. 4. The evidence was insufficient to…
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Case 84 — ENTRY OF JUDGMENT NUNC PRO TUNC APPEAL PROM DAVIESS CIRCUIT COURT. 1. At the December term the court had no jurisdiction to enter an order in a civil case, it being a criminal -term only. 2. The court had no right to make a nunc pro tunc order and hear 'evidence of such order without notice to the party to be affected by it. 3. The court had no right to enter an order as of the date October 1st when no court was in session. 4. The evidence was insufficient to authorize the entry of a judgment nunc pro tunc. Paducah Land Co. v. Cochran, 37 S. W. R.s 67: 18 Ky. Law Rep., 465; Conn. v.…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion op the court.
Suit was brought in the circuit court by appellee against Thomas, Simmons, and appellant Monarch upon a promissory note, and process executed in time for a judgment at the October term, at which time the court directed judgment to be entered by default; but, the papers having been mislaid, the judgment was not entered. Subsequently, at the December term, a judgment was entered reciting that the defendants had been summoned to the October term, that judgment had been rendered against them, but not *690entered because the papers were mislaid, and that…
2Cited by11 opinions
- Benton v. KingCourt of Appeals of Kentucky · 1923
- Ralls v. Sharp's Adm'rCourt of Appeals of Kentucky · 1910
- Hoffman v. ShueyCourt of Appeals of Kentucky (pre-1976) · 1928
- May v. DuncanCourt of Appeals of Kentucky · 1914
- Noel's Administratrix v. Black's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1932
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