Ross v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 106 — PETITION OBDIN ABY APPEAL prom eranklin circuit court. The court should have granted appellant a new trial. (Peebles, &c., v. Balls, 1 Litt., 25; Guthrie v. Bogart, 1 A. K. Mar.,,35; Price v. Eord, 7 Mon., 400; Turner’s Adm’r-v. Booker, 2 Dana, 337; Donallen v. Lennox, 7 Dana, 91; Call v. Hitchcock, 9 Bush, 66, Benicke v. Morse, 10 Ky. Law Bep., 767.) "That appellant did not know on what day his cause would be tried is no ground for a new trial.
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Case 106 — PETITION OBDIN ABY APPEAL prom eranklin circuit court. The court should have granted appellant a new trial. (Peebles, &c., v. Balls, 1 Litt., 25; Guthrie v. Bogart, 1 A. K. Mar.,,35; Price v. Eord, 7 Mon., 400; Turner’s Adm’r-v. Booker, 2 Dana, 337; Donallen v. Lennox, 7 Dana, 91; Call v. Hitchcock, 9 Bush, 66, Benicke v. Morse, 10 Ky. Law Bep., 767.) "That appellant did not know on what day his cause would be tried is no ground for a new trial. (Brevard-v. Graham, 2 Bibb, 177; Cotton v. Brashier, 2 Met., 153; Legrand v. Baker, 6 Mon., 247; Babbit v. Woolley, 2 Bush, 704; Brannin,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINIOH OE THE COURT.
This is an action ordinary brought by appellant, which was dismissed without prejudice because of his failure to prosecute it. And the question presented is, whether the lower court erred in overruling his motion to set aside the order of dismissal upon the ground stated in his affidavit as follows : “ That when his attorneys brought this suit they told him that the court would meet on Monday, the fourth day of May, but that he understood them to say the fourth Monday in May; hence, he says he was in the country pursuing his occupation as a…
2Cited by1 opinion
- Wall's Exr. v. DimmetCourt of Appeals of Kentucky · 1909