Allard v. Smith
Court of Appeals of Kentucky
CASE 64 — PETITION ORDINARY — APPEAL FROM M’CRACKEN CIRCUIT COURT. cited Kdsoe vs. Ellis, 10 B. Mon. cited 3 Marshall, 300; 17 B. Mon., 608; act of March 5, 1856, Sess Acts 1855-6, page 59; 3 Dana, 446; 6 Dana, 149; 12 B. Mon., 128; Porter vs. January, MS. opin. July, 1856 ; Reuben vs. Robinson, MS. opin. June, 1857.
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court :
Rosetta A. Smith brought this action against Allard, to recover ^damages for'an alleged breach of an agreement to marry.
A verdict and judgment having been rendered in favor of the plaintiff for two thousand dollars, and the motion of the defendant for a new trial having been overruled, he has appealed to this court.
*298Two principal questions are presented for our consideration:
First. Whether the bill of exceptions, purporting to contain a statement of the evidence given upon the trial, is' to be considered as constituting a part of the record; and,
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2Cases cited1 opinion
- Kelsoe v. EllisCourt of Appeals of Kentucky · 1849
3Cited by16 opinions
- Smith v. WhitneySupreme Court of the United States · 1886
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Alexander v. HumberCourt of Appeals of Kentucky · 1888
- Mickey v. CommonwealthCourt of Appeals of Kentucky · 1873
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