Lovelace v. Lovell
Court of Appeals of Kentucky
Cask 113 — ACTION TO VACATE JUDGMENT. APPEAL FROM LAUREL CIRCUIT COURT. 1. The judgment appealed from was rendered in an action for a new trial and vacates a judgment which was rendered at the May term, 1894 of the Laurel circuit court. The petition for new trial was not filed until the 28th day of December, 1895, after four terms of the court had elapsed since the judgment was rendered. 2. The grounds alleged in the petition for -new trial are fatally insufficient.
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Cask 113 — ACTION TO VACATE JUDGMENT. APPEAL FROM LAUREL CIRCUIT COURT. 1. The judgment appealed from was rendered in an action for a new trial and vacates a judgment which was rendered at the May term, 1894 of the Laurel circuit court. The petition for new trial was not filed until the 28th day of December, 1895, after four terms of the court had elapsed since the judgment was rendered. 2. The grounds alleged in the petition for -new trial are fatally insufficient. The petition amounts to nothing. ¡Citations: Civil Code, secs. 340, 57-8; Coffey v. Proctor Coal Co., 14 Ky. Law Rep., 415;…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
The purpose of this action is to obtain relief against ■an erroneous judgment. The prayer of the petition is that the “judgment be modified and corrected to conform, to the facts as herein stated,” etc. Upon the trial of the case the court set aside the judgment, and it is from that order that this appeal is prosecuted. .
The action in which the alleged erroneous judgment was rendered was to recover on a warranty in a deed, and the alleged error in the judgment consists in fixing the recovery at too great an amount. The law and facts were…
2Cited by4 opinions
- Combs v. AllenCourt of Appeals of Kentucky (pre-1976) · 1925
- Louisville & Nashville R. R. v. Paynter's Admx.Court of Appeals of Kentucky · 1907
- King v. King's ExecutorsCourt of Appeals of Kentucky (pre-1976) · 1930
- People's Bank Trust Company v. SleetCourt of Appeals of Kentucky (pre-1976) · 1928