Boyce v. Yoder

Court of Appeals of Kentucky

Boyce v. Yoder

25 Ky. 515, 2 J.J. Marsh. 515, 1829 Ky. LEXIS 146

DecidedOctober 29, 1829

StatusPublished

This text of 25 Ky. 515 (Boyce v. Yoder) 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

Boyce v. Yoder, 25 Ky. 515, 2 J.J. Marsh. 515, 1829 Ky. LEXIS 146 (Ky. Ct. App. 1829).

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Opinion

Judge Robertson

delivered the opinion of the Court.

The court erred in not granting a new trial. The surprise was sufficiently made out, according to the rule in Holmes, &c. vs. M’Kinney, IV. Mon. 4-5. Both the party and his counsel believed and'had a right to believe, that the document which was-rejected, was the original deed from Fitzhugh. It is even very doubtful whether it was- proper to suffer the clerk’s certificate to be explained or contradicted by parol testimony.

Judgment reversed and cause remanded for a new trial.

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Judge Robertson

delivered the opinion of the Court.

The court erred in not granting a new trial. The surprise was sufficiently made out, according to the rule in Holmes, &c. vs. M’Kinney, IV. Mon. 4-5. Both the party and his counsel believed and'had a right to believe, that the document which was-rejected, was the original deed from Fitzhugh. It is even very doubtful whether it was- proper to suffer the clerk’s certificate to be explained or contradicted by parol testimony.

Judgment reversed and cause remanded for a new trial.

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Bluebook (online)

25 Ky. 515, 2 J.J. Marsh. 515, 1829 Ky. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyce-v-yoder-kyctapp-1829.