Boothe v. Shrout's Adm'r

Court of Appeals of Kentucky

Boothe v. Shrout's Adm'r

8 Ky. Op. 61, 1874 Ky. LEXIS 350

DecidedSeptember 22, 1874

StatusPublished

This text of 8 Ky. Op. 61 (Boothe v. Shrout's Adm'r) 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

Boothe v. Shrout's Adm'r, 8 Ky. Op. 61, 1874 Ky. LEXIS 350 (Ky. Ct. App. 1874).

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Opinion

Opinion by

Judge Cofer:

A part of one of appellee’s depositions is missing from the record, and the clerk certifies that it is missing from his office; and as the decision of the case depends wholly upon questions of fact, we are bound by a well-established rule, often recognized by this court, to presume, in the absence of a part of the evidence heard by the court of original jurisdiction, that the judgment is right.

Wherefore the judgment is affirmed.

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Opinion by

Judge Cofer:

A part of one of appellee’s depositions is missing from the record, and the clerk certifies that it is missing from his office; and as the decision of the case depends wholly upon questions of fact, we are bound by a well-established rule, often recognized by this court, to presume, in the absence of a part of the evidence heard by the court of original jurisdiction, that the judgment is right.

Wherefore the judgment is affirmed.

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Bluebook (online)

8 Ky. Op. 61, 1874 Ky. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boothe-v-shrouts-admr-kyctapp-1874.