Long v. Gaines
Court of Appeals of Kentucky
CASE 10 — PETITION ORDINARY APPEAL FROM HENRY CIRCUIT COURT. CITED— Civil Code, secs. 75, 66, 73. 2 Met., 245; Boaz vs. Nail. CITED— Civil Code, secs. 73, 66. 2 Met., 340; Slone vs. Slone. 3 Met., 28; Dodd vs. Comb.
1Opinion of the CourtChief Justice Williams
The petition shows the credits for eighty dollars and fifty dollars not mentioned in the judgment. It was, therefore, a clerical misprision, because the judgment could be amended by the record, and no appeal for this correction can be entertained until motion in the court below for that purpose. (Dodd vs. Combs, 3 Met., 29.)
The return of the officer is “ executed August 24, 1868, by delivering a true copy of the within to John Long.” On judgment by default, this court cannot presume that there were other John Longs in the county than the defendant. One John Long was the defendant, the writ…
2Cases cited2 opinions
- Dodds v. CombsCourt of Appeals of Kentucky · 1860
- Boaz v. NailCourt of Appeals of Kentucky · 1859
3Cited by3 opinions
- Toney v. HarrisCourt of Appeals of Kentucky · 1887
- Louisville & N. R. v. Paul's Adm'rCourt of Appeals of Kentucky · 1951
- Louisville & N. R. v. Paul's Adm'rCourt of Appeals of Kentucky · 1950