Court of Appeals of Kentucky, 1868

Murphy v. English

Murphy v. English
Court of Appeals of Kentucky · Decided December 18, 1868 · Robertson
2 Ky. Op. 663; 1868 Ky. LEXIS 547

Murphy v. English

Opinion of the Court

Opinion of the Court by

Judge Robertson :

Whatever may have been the pretermitted proof on the answer and cross-petition of the Shankses, it was premature and erroneous to render judgment prejudicial to the appellant, during the same term it was filed without citation or appearance or a waiver of it not appearing on the record.

Wherefore, the judgment of the circuit court is reversed, ' and the cause remanded for further proceedings.

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