Legal Opinion

Fleet v. Hollenkemp

Court of Appeals of Kentucky

Decided July 8, 1852PublishedCited by 12 opinions

APPEAL EROM KENTON CIRCUIT. Case. Case 19. Case stated, and judgment of the circuit court. ,, Grounds for new trial, and judgment overruling it. i The substance of the evidence adduced on the trial. 1. Where apar» ty discoverstestimony, even after the argument has com1meneed, and it-can then be given, it is his duty to ask that' it be heard, and'' the duty of the' court to admit it; if the party fail to offer it, it is no ground for a new trial.

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APPEAL EROM KENTON CIRCUIT. Case. Case 19. Case stated, and judgment of the circuit court. ,, Grounds for new trial, and judgment overruling it. i The substance of the evidence adduced on the trial. 1. Where apar» ty discoverstestimony, even after the argument has com1meneed, and it-can then be given, it is his duty to ask that' it be heard, and'' the duty of the' court to admit it; if the party fail to offer it, it is no ground for a new trial. (2 A. K. Marshall, 43.) 2. Where a party is apprized of the points in issue, and goes into trial, it is no ground for a new trial, that after, the…

1Opinion of the Court

Judge Hise

delivered the opinion of the court, which was suspended by petition for re-hearing until the 8th of July, when the petition was overruled.

Case stated, and judgment of the circuit court. ,, Grounds for new trial, and judgment overruling it. i The substance of the evidence adduced on the trial.

John Hollenkemp sued Wm. T. Fleet and Samuel P. Semple, partners in the business of vending drugs by retail, in an action upon the case, for having, through negligence, permitted a portion of the poisonous drug called captharides, to be intermingled with some snake root and Peruvian bark which…

2Cases cited3 opinions

  1. Outton v. MitchellCourt of Appeals of Kentucky · 1815
  2. Wells v. PhelpsCourt of Appeals of Kentucky · 1817
  3. Halley v. M'CargoCourt of Appeals of Kentucky · 1816

3Cited by12 opinions

  1. Owens-Corning Fiberglas Corp. v. MaloneTexas Supreme Court · 1998
  2. Owens-Illinois, Inc. v. ZenobiaCourt of Appeals of Maryland · 1992
  3. Masaki v. General Motors Corp.Hawaii Supreme Court · 1989
  4. Williams v. WilsonKentucky Supreme Court · 1998
  5. Cathey v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1985

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