Legal Opinion

Huffaker v. National Bank

Court of Appeals of Kentucky

Decided March 22, 1878PublishedCited by 9 opinions

Case 20 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. This court must presume that the record, made according to appellants’ schedule, presents the whole case to this court for its consideration, and in passing upon the sufficiency of the amended petition this court can not go outside of the record thus presented to learn what the original petition contained. 2. When appellee alleged presentment, and appellants denied it, appellee had no right to prove an…

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Case 20 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. This court must presume that the record, made according to appellants’ schedule, presents the whole case to this court for its consideration, and in passing upon the sufficiency of the amended petition this court can not go outside of the record thus presented to learn what the original petition contained. 2. When appellee alleged presentment, and appellants denied it, appellee had no right to prove an excuse for not presenting. 1. Appellants can not rely upon errors not assigned, or not relied on in the motion for a new…

1Opinion of the Court

JUDGE COFER

delivered the opinion of the court.

This case was formerly in this court. The opinion then delivered, as well as copies of the original and an amended petition, will be found in 12 Bush, 287. The original petition was in two paragraphs. In the first the appellants were proceeded against as makers of one note, and in the second as the indorsers of another note. Each note was for $1,800, and bore date May 2, 1874.

The appellants demurred generally to each paragraph. The demurrer to the first was overruled, and an answer-was filed and a trial had, and it was on an appeal from that…

2Cases cited1 opinion

  1. Huffaker v. National BankCourt of Appeals of Kentucky · 1876

3Cited by9 opinions

  1. Prewitt v. WilbornCourt of Appeals of Kentucky · 1919
  2. Cleveland Oil Co. v. Norwich Ins. SocietyOregon Supreme Court · 1898
  3. Doherty v. First National BankCourt of Appeals of Kentucky · 1916
  4. Heard v. CherryCourt of Appeals of Kentucky · 1912
  5. Spitzelberger v. South Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1920

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