Court of Appeals of Kentucky, 1872

McHenry v. Phelps

McHenry v. Phelps
Court of Appeals of Kentucky · Decided February 22, 1872 · Lindsay
5 Ky. Op. 102; 1872 Ky. LEXIS 221

McHenry v. Phelps

Opinion of the Court

Opinion by

Judge Lindsay :

Where the matters in litigation have been properly submitted to a jury, it is essential that the party complaining shall make *103a motion for a new trial, in order to entitle himself to have errors to his prejudice corrected by the court of appeals. 4th Bush 46. No such motion seems to have been made in this case. Wherefore as this court cannot review the proceedings had in the circuit court, the judgment must be affirmed.

Conklin, John Chapeze, for appellant.

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