Legal Opinion

McCall v. Hitchcock

Court of Appeals of Kentucky

Decided May 3, 1870PublishedCited by 13 opinions

Case 61 — PETITION ORDINARY MOTION TO DISMISS APPEAL FROM LEWIS CIRCUIT COURT, ON THE GROUND THAT THE JUDGMENT APPEALED FROM WAS NOT FINAL.

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Case 61 — PETITION ORDINARY MOTION TO DISMISS APPEAL FROM LEWIS CIRCUIT COURT, ON THE GROUND THAT THE JUDGMENT APPEALED FROM WAS NOT FINAL. CITED Civil Code, sections 15, 397, 574, 369, 372, 373, 579, 580, 581. CITED Civil Code, 579, 581, 371, 373, 582, 583, 584, 15, 574, 387. Hilliard on New Trials, page 575, sections 47, 48. 2 Bibb, 177, Brevard v. Graham. 3 Bibb, 80, Patterson v. Mathews. 4 Bibb, 413, Connell’s adm’r v. Eicklia. 5 Littell, 8, Yancy v. Downer. 2 Dana, 338, Turner’s adm’r v. Booker.

1Opinion of the Court

JUDGE HABDIU

delivered the opinion op the court.

At the May term, 1867, of the Lewis Circuit Court, the appellant, John McCall, recovered a judgment in an ordinary action against the appellee Hitchcock for twenty-two thousand five hundred dollars; and that term having expired without a motion for a new trial, the appellee, on the 9th of July, 1867, brought this action for vacating that judgment, under sections 579-581 of the Civil Code of Practice, and it resulted, after elaborate preparation, in a judgment for the plaintiff, setting aside the judgment against him, and directing that the former…

2Cited by13 opinions

  1. Hines v. DriverIndiana Supreme Court · 1882
  2. Hackney v. HackneyCourt of Appeals of Kentucky (pre-1976) · 1959
  3. Asher v. CornettCourt of Appeals of Kentucky · 1907
  4. Brumley v. LewisCourt of Appeals of Kentucky (pre-1976) · 1960
  5. Davidson v. RichmondCourt of Appeals of Kentucky · 1922

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