Louisville Rock & Lime Co. v. Kerr
Court of Appeals of Kentucky
Case 4—PETITION ORDINARY APPEAL FROM THE JEFFERSON COURT OF COMMON PLEAS. The order of the 20th of July, 1878, is void. The Court had lost all" power over the case at that time. (Louisville Chemical Works-v. Commonwealth, 8 Bush, 182; Act to amend an act, entitled “An act to establish a Court of Common Pleas for the county of Jeffe-son,” approved February 24, 1865 ; Civil Code, secs. 771 and 772; Hilliard on New Trials, p. 75; Buckner v. Conley, 1 Monroe, 3; Freeman on.
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Case 4—PETITION ORDINARY APPEAL FROM THE JEFFERSON COURT OF COMMON PLEAS. The order of the 20th of July, 1878, is void. The Court had lost all" power over the case at that time. (Louisville Chemical Works-v. Commonwealth, 8 Bush, 182; Act to amend an act, entitled “An act to establish a Court of Common Pleas for the county of Jeffe-son,” approved February 24, 1865 ; Civil Code, secs. 771 and 772; Hilliard on New Trials, p. 75; Buckner v. Conley, 1 Monroe, 3; Freeman on. Judgments, seos. 121 and 96; McManama v. Garnett, 3 Met., 517;, Civil Code, sec. 518; Megowan v. Pennebaker, 3 Met., 501;…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
May 7th, 1878, the appellant recovered a verdict and judgment against the appellees in the Jefferson Court of Common Pleas. May the 9th the appellee filed grounds and-moved the Court for a new trial, which was overruled June-8th. June 15th the appellees entered a motion to set aside-the order overruling the motion for a new trial and for a rehearing of said motion, and July 20th the Court set aside-the order of June 8th, and granted a new trial.
The appellant, regarding the order granting a new trial as void, moved the Court to set it aside; but…
2Cited by8 opinions
- Gordon v. CommonwealthCourt of Appeals of Kentucky · 1910
- Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
- Commonwealth v. TarvinCourt of Appeals of Kentucky · 1903
- Christman v. Chess, Wymond & Co.Court of Appeals of Kentucky · 1897
- Lilly v. MarcumCourt of Appeals of Kentucky (pre-1976) · 1926
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