Legal Opinion

Garrott v. Ratliff

Court of Appeals of Kentucky

Decided November 17, 1885PublishedCited by 12 opinions

Case 56 — PETITIONS ORDINARY — APPEALS FROM CHRISTIAN CIRCUIT COURT. 1. The clerk having inserted the instructions in transcribing the bill of exceptions, pursuant to the direction “here insert,” the bill is thereby made complete. (Meaux v. Meaux, &e., 5 Ky. Law Bep., 550.) '2. The statement of the judge in the bill of exceptions as to his own rulings can not be controverted by affidavits. '3. The bill of exceptions - was properly certified.

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Case 56 — PETITIONS ORDINARY — APPEALS FROM CHRISTIAN CIRCUIT COURT. 1. The clerk having inserted the instructions in transcribing the bill of exceptions, pursuant to the direction “here insert,” the bill is thereby made complete. (Meaux v. Meaux, &e., 5 Ky. Law Bep., 550.) '2. The statement of the judge in the bill of exceptions as to his own rulings can not be controverted by affidavits. '3. The bill of exceptions - was properly certified. (Civil Code, section 335, subsection 2; Ibid., section 339.) 4. Section 337 of the Code does not apply to a motion for either a peremptory instruction,…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion oe the court.

A positive or direct statement in a bill of exceptions that it contains all the evidence, or all the instructions given and refused, is not essential to make the bill complete. When an appeal is prosecuted to this court upon an issue of fact, and the law applicable to that issue, and a reversal is asked because the verdict is not sustained by the .evidence,, it is the duty of the trial court to give a statement in detail of all the evidence in the case, and each and every instruction given or refused where exceptions have been taken to the…

2Cases cited1 opinion

  1. Meaux v. MeauxCourt of Appeals of Kentucky · 1883

3Cited by12 opinions

  1. Commonwealth v. HouriganCourt of Appeals of Kentucky · 1889
  2. Shurtliff v. Extension Ditch Co.Idaho Supreme Court · 1908
  3. Consolidated Coach Corporation v. GarmonCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Bank of Commerce v. McCartyNebraska Supreme Court · 1930
  5. Hartlep v. MurphyIndiana Supreme Court · 1926

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