Legal Opinion

Lairson v. Judge, Clark Circuit Court

Court of Appeals of Kentucky

Decided May 1, 1964Published

1Opinion of the Court

STEWART, Judge.

Petitioner, Buddy Wayne Lairson, is a prisoner in the Kentucky State Penitentiary at Eddyville, under sentence from the Clark Circuit Court. He seeks an order against ‘‘Judge of the Clark Circuit Court,” as respondent, to vacate the judgment entered upon the ground that the indictment was erroneous and unauthorized, but he does not specify the ground.

This Court has uniformly held that a proceeding to control the action of a trial court is of a personal nature and that the judge of that court must be sued by name. The failure in this case to designate the trial judge by name is…

2Cases cited3 opinions

  1. Clevenger v. Judge of Pike Circuit Court, Division 2Court of Appeals of Kentucky · 1964
  2. Gibson v. Judge of Warren Circuit CourtCourt of Appeals of Kentucky · 1964
  3. Long v. Judge of the Webster Circuit CourtCourt of Appeals of Kentucky · 1964

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