Boyd County v. Ross
Court of Appeals of Kentucky
Case 28 — APPEAR TO CIRCUIT COURT APPEAL EKOM BOYD CIRCUIT COURT. ’ The general power of any court to make nunc pro tune orders such as was made in this case, the evidence being satisfactory, is not denied. The difficulty lies in the character of the evidence that is admissible to prove the oversight or misprision that is sought to be corrected.
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Case 28 — APPEAR TO CIRCUIT COURT APPEAL EKOM BOYD CIRCUIT COURT. ’ The general power of any court to make nunc pro tune orders such as was made in this case, the evidence being satisfactory, is not denied. The difficulty lies in the character of the evidence that is admissible to prove the oversight or misprision that is sought to be corrected. Some authorities hold that in the case of judgments and decrees, if not in the case of formal orders, no other evidence is admissible save ■ that of a written character, such as the notes or memoranda of the clerk or judge, or some writing in the…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
This is an appeal from a judgment of the circuit court reversing and setting aside an order made September 23, 1889, by the Boyd County Court, directing entered of record, nunc fro tune, the following, alleged to have been made and directed entered of record January 23, 1888, as an order of said county court, viz.: “ L. L. Kibbee, sheriff of Boyd county, this day appeared in open court and, together with G. ~W. Ross and others named, who are approved and accepted by the court, entered into, *170signed, acknowledged and delivered bond to the…
2Cases cited5 opinions
- Vandever v. GriffithCourt of Appeals of Kentucky · 1859
- Commonwealth v. WilliamsCourt of Appeals of Kentucky · 1878
- Commonwealth v. YarbroughCourt of Appeals of Kentucky · 1886
- Bracken County Commissioners of Sinking Fund v. DaumCourt of Appeals of Kentucky · 1882
- Lynch v. ReynoldsCourt of Appeals of Kentucky · 1869
3Cited by14 opinions
- 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
- Collier v. CommonwealthCourt of Appeals of Kentucky · 1901
- Vanzant v. Watson, JudgeCourt of Appeals of Kentucky (pre-1976) · 1929
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