Duncan v. Baker
Court of Appeals of Kentucky
Casts 63 — MOTION IN COURT OF APPEALS ON MOTION EOE BULE AGAINST CLERK OF JEFFERSON COMMON PLEAS COURT. The clerks of the circuit courts are bound to make out records for parties appealing to the Court of Appeals, without having payment or security for the fee. (Collins v. Cleveland, 17 B. Mon. 459.) There is nothing in the General Statutes or Civil Code prohibiting a clerk from retaining the records for his legal fees.
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Casts 63 — MOTION IN COURT OF APPEALS ON MOTION EOE BULE AGAINST CLERK OF JEFFERSON COMMON PLEAS COURT. The clerks of the circuit courts are bound to make out records for parties appealing to the Court of Appeals, without having payment or security for the fee. (Collins v. Cleveland, 17 B. Mon. 459.) There is nothing in the General Statutes or Civil Code prohibiting a clerk from retaining the records for his legal fees. The mere memorandum of the reporter in Collins v. Cleveland (17 B. Mon. 459), to the effect that it was the duty of the clerk to make out a transcript for the unsuccessful…
1Opinion of the Court
JUDGE COFER
delivered the opinion op the court.
On the motion of B. H. Duncan a rule was awarded against Jno. S. Cain, clerk of .the Jefferson Court of Common Pleas, to show cause, if any he could, why he did not make out and deliver to said Duncan a transcript of the record of the common pleas court in the case of F. Baker v. Duncan, to be filed in this court for the purpose of prosecuting an appeal from the judgment of said common pleas court.
From the affidavit of Duncan, and exhibits filed in support of the motion, it appears that about July 21, last, Duncan sent to the office of the clerk…
2Cases cited1 opinion
- Bates v. ForeeCourt of Appeals of Kentucky · 1868
3Cited by3 opinions
- Wilson v. Melcroft Coal CompanyCourt of Appeals of Kentucky (pre-1976) · 1928
- Hudson's Admr's v. CombsCourt of Appeals of Kentucky · 1901
- Houston v. DuckerCourt of Appeals of Kentucky · 1887