Chism v. Barnes
Court of Appeals of Kentucky
Case 39 — ACTION ORDINARY APPEAL FROM MONROE CIRCUIT COURT. (No brief on file.} 1. The bill of exceptions was not filed in time and can not be considered. Padgett v. Mays, 2 Ky. Law Rep., 213; Linden v. Haddix’s Admr., 4 Ky. Law Rep., 633; Civil Code, sec. 334; Freeman v. Brenham, et. al., 17 B. M., 603. 2. The grounds for a new trial are too general to raise any question.
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Case 39 — ACTION ORDINARY APPEAL FROM MONROE CIRCUIT COURT. (No brief on file.} 1. The bill of exceptions was not filed in time and can not be considered. Padgett v. Mays, 2 Ky. Law Rep., 213; Linden v. Haddix’s Admr., 4 Ky. Law Rep., 633; Civil Code, sec. 334; Freeman v. Brenham, et. al., 17 B. M., 603. 2. The grounds for a new trial are too general to raise any question. McLain v. Dibble, 13 Bush, 297; Slater v. Sherman, 5 Bush, 206; L., C. & L. R. R. Co. v. Mahony’s Admx., 7 Bush, 235; Carlin v. Baird, &c., 11 Ky Law Rep., 932; L. & N. R. R. Co. v. Coniff’s Admr., 16 Ky. Law Rep., 296; O.…
1Opinion of the Court
JUDGE GUPPY
DELIVERED THE OPINION OE THE COURT.
The petition in this action reads as follows: “Ths plaintiff, R. M. Barnes, alleges that on the 12th day of March, 1866, the defendant, A. H. Chism, by his written promissory note, which he on said day executed and delivered to this plaintiff, promised and agreed one day thereafter to pay plaintiff the sum of $500, but has paid no part thereof, except the sum of $100, paid March lá, 1867; and said note, subject to said credit, is now due and unpaid. Said note, in words and figures, is as follows: ‘$500.00. Due R. M. Barnes, borrowed money, five…
2Cases cited9 opinions
- Allen & Co. v. FergusonSupreme Court of the United States · 1874
- Eckler v. GalbraithCourt of Appeals of Kentucky · 1876
- Egbert v. McMichaelCourt of Appeals of Kentucky · 1848
- Tolle v. Smith'sCourt of Appeals of Kentucky · 1895
- Graham v. HuntCourt of Appeals of Kentucky · 1847
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3Cited by3 opinions
- City of Louisa v. HortonCourt of Appeals of Kentucky (pre-1976) · 1935
- Benton v. BentonSupreme Court of Kansas · 1908
- Central University v. Cox's Exr.Court of Appeals of Kentucky · 1910