Legal Opinion · Dissent

Clark County Nat. Bank v. Rowan County Board of Education

Court of Appeals of Kentucky (pre-1976)

Decided November 19, 1935Published

1DissentClay, Chief Justice

(dissenting)..

The majority opinion holds' that a trial judge loses: control of an order entered in vacation unless he extends the time for filing motion and grounds for a new trial. It is argued that the situation thus produced is no worse than when a judgment is entered on the last day of a regular or special term. Such reasoning does not appeal to me. I have never reached the point where I was persuaded that we should adopt an unfair-rule because of another unfair rule regulated by statute, and over which we had no control. Another argument is that, if the trial court has jurisdiction of…

2Cases cited1 opinion

  1. Center's Guardian v. CenterCourt of Appeals of Kentucky (pre-1976) · 1932

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