Vance v. Field
Court of Appeals of Kentucky
Case 28 — APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. The section of the Civil Code, 477, which defines the writ of mandamus, as treated of in the Code, does not exhaust the power of the courts to issue a mandamus. That section relates only to the writ of mandamus as treated of in chapter 12 of the Code, which is the mandamus as an original proceeding.
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Case 28 — APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. The section of the Civil Code, 477, which defines the writ of mandamus, as treated of in the Code, does not exhaust the power of the courts to issue a mandamus. That section relates only to the writ of mandamus as treated of in chapter 12 of the Code, which is the mandamus as an original proceeding. The Legislature does not attempt to curtail the powers of the Court of Appeals in any respect, certainly not in regard to the jurisdiction of that court; nor would it be competent for the Legislature to impair any such jurisdiction of the…
1Opinion of the CourtChief Justice Lewis
This is a proceeding by Burton Yance for a mandamus from this court requiring Emmet Field, Judge of the Jefferson Court of Common Pleas, to proceed, according to the rules of court and law of the land, to judgment. with an action ordinary, in which said Yance is plaintiff and the Louisville Courier-Journal Company is defendant.
It appears from the petition filed in this court, and transcript of the record accompanying it, that the action was, in December, 1886, commenced in the Louisville Law and Equity Court, and the parties had pleaded to an issue triable by jury when, February 4, 1889, the…
2Cases cited1 opinion
- German Insurance v. LandramCourt of Appeals of Kentucky · 1889
3Cited by22 opinions
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1902
- Leonard v. WillcoxSupreme Court of Vermont · 1928
- Hargis v. CommonwealthCourt of Appeals of Kentucky · 1909
- Erwin v. BentonCourt of Appeals of Kentucky · 1905
- Adams v. GardnerCourt of Appeals of Kentucky · 1917
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