Legal Opinion · Dissent

Louisville & N. R. v. Paul's Adm'r

Court of Appeals of Kentucky

Decided June 23, 1950Published

1DissentSims, Chief Justice

I cannot, in good conscience, concur in the majority opinion, and I consider the question of such importance as to justify a dissenting opinion.

Here is a judgment for $25,000 plus $2,-500 damages on the supersedeas bond and large court costs. By reason of an entrapment by court officials, the appellant is denied a review of the case because of what the majority opinion truly regards as fraud and deceit perpetrated by the court reporter and the deputy court clerk, sanctioned by the trial judge. An innocent litigant and its lawyer who, beyond question, have been diligent ought not to suffer…

2Cases cited59 opinions

  1. Richardson v. StateWyoming Supreme Court · 1907
  2. Burton v. MayerCourt of Appeals of Kentucky (pre-1976) · 1938
  3. Warfield Natural Gas Co. v. WardCourt of Appeals of Kentucky (pre-1976) · 1940
  4. Curran v. WilcoxNebraska Supreme Court · 1880
  5. Meadors v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940

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