McAllister v. Connecticut Mutual Life Insurance
Court of Appeals of Kentucky
Case 109 — PETITION ORDINARY — APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The stenographer’s report is not before this court, and there is nothing here to show that it is not signed; but the judge attached it to the bill of exceptions, and thereby identified it. 2. Appellant is not bound to set out all the evidence in the bill of exceptions, unless he wishes to reverse upon the ground that the verdict is against the weight of evidence, (i J. J. Mar., 57; lb., 300; Easley…
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Case 109 — PETITION ORDINARY — APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The stenographer’s report is not before this court, and there is nothing here to show that it is not signed; but the judge attached it to the bill of exceptions, and thereby identified it. 2. Appellant is not bound to set out all the evidence in the bill of exceptions, unless he wishes to reverse upon the ground that the verdict is against the weight of evidence, (i J. J. Mar., 57; lb., 300; Easley v. Easley, 18 B. Mon., 93; Trabue v. Jennings, MS. Opin.) .3. The motion for a new trial was entered of record, and the…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellant brought this action against the appellee on a policy insuring the life of her husband, Robert B. McAllister, for her benefit.
• Verdict and judgment were rendered against her, and she has appealed.
*533The appellee has moved to strike from the record what purports to be a bill of exceptions, and to dismiss the appeal, because—(a) There is no proper or sufficient bill of exceptions.
(.b) It does not appear from the record that any motion for a new trial was made, or grounds filed in support of such •a motion.(c) There is no sufficient record…
2Cases cited5 opinions
- John Hancock Mutual Life Insurance v. MooreMichigan Supreme Court · 1876
- Harper v. HarperCourt of Appeals of Kentucky · 1874
- Gist v. HigginsCourt of Appeals of Kentucky · 1808
- Dorris v. Calow & SonCourt of Appeals of Kentucky · 1822
- Woodrough v. PerkinsCourt of Appeals of Kentucky · 1808
3Cited by14 opinions
- Postal Telg. Cable Co. v. Louisville Cotton Oil Co.Court of Appeals of Kentucky · 1909
- Graves' Committee v. LyonsCourt of Appeals of Kentucky · 1915
- Witt v. Lexington & Eastern Railway Co.Court of Appeals of Kentucky · 1914
- National Council Daughters of America v. PolsgroveCourt of Appeals of Kentucky · 1921
- Nuckolls v. Illinois Central RailroadCourt of Appeals of Kentucky (pre-1976) · 1929
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