Palms' Admrs. v. Howard
Court of Appeals of Kentucky
CASE 76. — ACTION BY FRANCIS F. PALMS’ ADMINISTRATORS AGAINST CALLOWAY HOWARD TO RECOVER MONEY PAID DEFENDANT FOR LEGAL SERVICES. —October 7. Appeal from Magoffin Circuit Court. James P. Adams, Circuit Judge.
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CASE 76. — ACTION BY FRANCIS F. PALMS’ ADMINISTRATORS AGAINST CALLOWAY HOWARD TO RECOVER MONEY PAID DEFENDANT FOR LEGAL SERVICES. —October 7. Appeal from Magoffin Circuit Court. James P. Adams, Circuit Judge. Judgment for defendant, plaintiffs appeal — POINTS AND AUTHORITIES. 1. The court erred in refusing to transfer the case to the ordinary docket. * . . 2. The court erred in refusing to continue the case for appellant. 3. The court erred in restricting appellants in their rebuttal evidence. 4. Also in calling term so soon after the regular term. 5. Also in not allowing the affidavit of…
1Opinion of the Court
Opinion op the Court by
Judge Settle —
Reversing.
This is the second appeal of this case. The first resulted in a reversal of the judgment of the circuit court because of error committed bv that court in prematurely submitting and deciding it. See Palms’ Adm’rs v. Howard, 102 S. W. 267, 31 Ky. Law Rep. 316. The issues presented by the pleadings are fully •stated in the former opinion, which also sets forth the ■provisions of the contract out of which litigation arose. It will therefore be sufficient for the purposes •of the present opinion to say that the action was brought by appellants, as…
2Cases cited1 opinion
- Smith v. Thompson's HeirsCourt of Appeals of Kentucky · 1847
3Cited by4 opinions
- Hoge v. Ky. River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1926
- Overholt v. MatthewsCourt of Appeals for the D.C. Circuit · 1919
- Hunt v. PicklesimerCourt of Appeals of Kentucky (pre-1976) · 1942
- Dotson v. PattersonCourt of Appeals of Kentucky · 1914