Legal Opinion

Johnson v. Stivers

Court of Appeals of Kentucky

Decided November 18, 1893PublishedCited by 16 opinions

Case 22 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON X'LEAS. 1. The verdict is palpably against the evidence. 2. The letters admitted as evidence over the objections of appellant wei-e incompetent. 3. The court erred in instructing the jury that the burden was on the contestants to establish undue influence.

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Case 22 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON X'LEAS. 1. The verdict is palpably against the evidence. 2. The letters admitted as evidence over the objections of appellant wei-e incompetent. 3. The court erred in instructing the jury that the burden was on the contestants to establish undue influence. (Civil Code, sec. 526; Idem, sec. 317, subsec. 6; Lyman v. Campbell, 88 Ala., 469; Harrel v. Harrel, 1 Duv., 203. 4. It was improper for the court to instruct the jury upon whom the burden of proof rested, the term “burden of proof” being a technical term and calculated to…

1Opinion of the Court

JUDGE HAZELRIGG

delivered the opinion of the court.

By. the verdict of a jury in the Jefierson Court of Common Pleas, the paper in contest on this appeal was established as the last will .and testament of Mrs. Sarah C. Stevens. The motion of the contestants for a new trial having been overruled, they bring the case here for review,’' alleging that the court erred in admitting incompetent testimony, and in instructing the jury. They also-allege that the verdict is contrary to the law and the evidence, and that they ought to have been granted a new trial because of newly discovered evidence.

Withou…

2Cases cited9 opinions

  1. Wise v. FooteCourt of Appeals of Kentucky · 1883
  2. Bush v. LisleCourt of Appeals of Kentucky · 1889
  3. Mercer v. Mercer's Adm'rCourt of Appeals of Kentucky · 1888
  4. Fee v. TaylorCourt of Appeals of Kentucky · 1885
  5. Sherley v. Sherley's ex'rCourt of Appeals of Kentucky · 1883

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Johnson v. CommonwealthCourt of Appeals of Kentucky · 1920
  2. Anshutz v. Louisville Railway Co.Court of Appeals of Kentucky · 1913
  3. Kiefer's Ex'r and Ex'x v. DeibelCourt of Appeals of Kentucky (pre-1976) · 1942
  4. Henson v. JonesCourt of Appeals of Kentucky (pre-1976) · 1933
  5. Bramel v. BramelCourt of Appeals of Kentucky · 1897

11 more not listed; retrieve them via the Exa API.

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