Hindman v. Toney
Court of Appeals of Kentucky
Case 62 — MOTIONS 1. The rule upon which defendants rely is void. It provides for an allotment between the three divisions other than that in which the case is pending, thus including the criminal division, to which no civil case can be transferred. (Mengel, Jr. v. Jackson, 94 Ky.) 2. The fact that Judge Abbott was attorney for one of the claimants in the case was no reason why he could not make an order transferring the case. (Ky. Stats., secs. 1027, 1030; Royal Ins.
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Case 62 — MOTIONS 1. The rule upon which defendants rely is void. It provides for an allotment between the three divisions other than that in which the case is pending, thus including the criminal division, to which no civil case can be transferred. (Mengel, Jr. v. Jackson, 94 Ky.) 2. The fact that Judge Abbott was attorney for one of the claimants in the case was no reason why he could not make an order transferring the case. (Ky. Stats., secs. 1027, 1030; Royal Ins. Co. v. Rufer’s Admrs., 89 Ky., 512.) 3. This court in aid of its appellate jurisdiction has power to grant a mandamus…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
There had, prior to April 11, 1895, been duly assigned to the chancery branch of the Jefferson Circuit Court the pending action of S. S. Sullivan, assignee, against Columbian Fire Insurance Company and others. But on that day W. B. Abbott, elected special judge and presiding in place of I. W. Edwards, regular judge, who was sick and unable to attend, made and caused entered of record an order transferring that action to the common pleas branch, because, as stated in the order, he was employed as attorney for one of the defendants, and therefore…
2Cases cited1 opinion
- Arnold v. ShieldsCourt of Appeals of Kentucky · 1837
3Cited by13 opinions
- Rush v. DenhardtCourt of Appeals of Kentucky · 1910
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- Jenkins v. BerryCourt of Appeals of Kentucky · 1904
- Louisville & N. R. R. v. MillerCourt of Appeals of Kentucky · 1902
- Clark County Court v. WarnerCourt of Appeals of Kentucky · 1903
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