Baltzell v. Hickman

Court of Appeals of Kentucky

Baltzell v. Hickman

14 Ky. 265, 4 Litt. 265, 1823 Ky. LEXIS 178

DecidedNovember 25, 1823

StatusPublished

This text of 14 Ky. 265 (Baltzell v. Hickman) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baltzell v. Hickman, 14 Ky. 265, 4 Litt. 265, 1823 Ky. LEXIS 178 (Ky. Ct. App. 1823).

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Opinion

Opinion of the Coukt by

Judge Mills.

THE court below, after the execution of a writ of inquiry in assumpsit, rendered judgment for the amount assessed, which was twenty-eight dollars more than the amount of damages laid in the writ and declaration, when, if the damages exceeded those laid, the court-ought to have rendered judgment for the amount laid, and no more.

„ The judgment must, therefore,be reversed with costs, and the cause remanded that judgment may there be rendered, according to the principles of this opinion.

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Opinion of the Coukt by

Judge Mills.

THE court below, after the execution of a writ of inquiry in assumpsit, rendered judgment for the amount assessed, which was twenty-eight dollars more than the amount of damages laid in the writ and declaration, when, if the damages exceeded those laid, the court-ought to have rendered judgment for the amount laid, and no more.

„ The judgment must, therefore,be reversed with costs, and the cause remanded that judgment may there be rendered, according to the principles of this opinion.

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Bluebook (online)

14 Ky. 265, 4 Litt. 265, 1823 Ky. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baltzell-v-hickman-kyctapp-1823.