Duncan v. Finnyhorn
Court of Appeals of Kentucky
Upon a writ of error to reverse a judgment of the Gourt of Quarter Sessions of Jefferson county.
1Opinion of the Court
It will be first necessary to observe upon an objection which was started by some of the bar, “ that this court ought not to reserve a judgment because an inferior court granted a new trial improperly.”
This court, in the cases of Bush, and Daniel and Ship and Radcliff, determined that they had a right to reverse a judgment given by an inferior court, when they refused to grant a new trial upon a proper case made out by a bill of exceptions. A motion for a new trial is an application to the sound, legal discretion of a court, and wherever it appears that this discretion has been improperly and…
2Cited by9 opinions
- Electric Light Co. v. Gas Co.Tennessee Supreme Court · 1897
- Lieberman, Loveman Cohn v. KnightTennessee Supreme Court · 1925
- Krikorian v. Grafton Co-operative BankMassachusetts Supreme Judicial Court · 1942
- Kingsport Brick Corp. v. BostwickTennessee Supreme Court · 1921
- Roney v. DyerCourt of Appeals of Tennessee · 1939
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