Legal Opinion

Beaven v. Phillips

Court of Appeals of Kentucky

Decided May 16, 1885PublishedCited by 2 opinions

Case 15 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. (Brief does not discuss the questions of practice decided by the-court.) Brief not. in record. Appellant can not complain of the overruling of his demurrer to-amended rejoinder, as no instruction was based upon that pleading.

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Case 15 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. (Brief does not discuss the questions of practice decided by the-court.) Brief not. in record. Appellant can not complain of the overruling of his demurrer to-amended rejoinder, as no instruction was based upon that pleading. (Remainder of brief devoted to the discussion of the merits of the-case.) 1. Error in giving and refusing instructions can not be considered, as the-assignment of errors does not point out any instruction given or refused, but assigns, in general terms, error in giving and refusing-instructions ; nor does the…

1Opinion of the Court

JUDGE HOLT

delivered the opinion of the court.

The appellant, Richard Beaven, was indicted upon the charge of obtaining goods upon false pretenses-from Phillips & Bro., and after three juries had. failed to agree the indictment was, for some reason not appearing, quashed; and the grand jury failing-to find another indictment, he was discharged. He then brought this action for malicious prosecution against James Gf. Phillips, who was .a member of the-above-named firm.

The assignment of errors neither particularizes the-instructions, to the giving of which 'the appellant-objected, nor those asked…

2Cited by2 opinions

  1. Gambrell v. GambrellCourt of Appeals of Kentucky · 1908
  2. Crofton v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1917

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