Duncan v. Allender
Court of Appeals of Kentucky
Case 97 — Action for a New Trial — APPEAL FROM PENDLETON CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. (No brief in record.) This is a proceeding for a new trial to review the case of the same style now in this court, numbered 233 — Duncan is the appellant in both eases; the court below having dismissed both proceedings. 1. The original petition in this case does not state a cause of action because it does not refer to or make part of it, the suit in which…
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Case 97 — Action for a New Trial — APPEAL FROM PENDLETON CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. (No brief in record.) This is a proceeding for a new trial to review the case of the same style now in this court, numbered 233 — Duncan is the appellant in both eases; the court below having dismissed both proceedings. 1. The original petition in this case does not state a cause of action because it does not refer to or make part of it, the suit in which the new .trial is sought. Nor was this done by the proof. Weir v. Weir, 19 R., 2005. 2. On this petition the issues were…
1Opinion of the Court
Opinion op the court by
JUDGE DuRELLE
Reversing.
This was a petition for a new trial of the case of Duncan v. Allender (this day decided) 62 S. W., 850. After submission of this proceeding, the court set aside the submission, and permitted appellant to amend bis petition by referring to and making the record in the original suit a part of his petition in this proceeding. This was not an •abuse of judicial discretion. The newly-discovered evidence alleged was a written agreement discovered since the judgment, the material parts of which are as follows; “Know all men by these presents, that we,…
2Cited by10 opinions
- Anshutz v. Louisville Railway Co.Court of Appeals of Kentucky · 1913
- Hamilton v. Hayes Freight Lines, Inc.District Court, E.D. Kentucky · 1952
- McGuire v. Mishawaka Woolen MillsCourt of Appeals of Kentucky (pre-1976) · 1927
- Parsons v. ArnoldCourt of Appeals of Kentucky (pre-1976) · 1930
- Pleasant v. Allen Bros.Supreme Court of Oklahoma · 1937
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