Boyd v. Thomas

Court of Appeals of Kentucky

Boyd v. Thomas

8 Ky. Op. 460, 1875 Ky. LEXIS 171

DecidedMarch 24, 1875

StatusPublished

This text of 8 Ky. Op. 460 (Boyd v. Thomas) 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

Boyd v. Thomas, 8 Ky. Op. 460, 1875 Ky. LEXIS 171 (Ky. Ct. App. 1875).

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Opinion

Opinion by

Judge Lindsay:

■ The three years limitation that bars an appeal to this court must be presented by plea. It cannot properly be incorporated into a brief, and thereby made available. The manner in which it is here presented does not seem to be objected to by appellant, but as the record of the case does not show that the statute was pleaded, we cannot assume that appellant has waived his right to object.

The court, of its own motion, sets aside the hearing, to give appellees an opportunity to file a plea in case they desire to do so. The case will remain open until the ioth of April, when it will be again submitted.

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Opinion by

Judge Lindsay:

■ The three years limitation that bars an appeal to this court must be presented by plea. It cannot properly be incorporated into a brief, and thereby made available. The manner in which it is here presented does not seem to be objected to by appellant, but as the record of the case does not show that the statute was pleaded, we cannot assume that appellant has waived his right to object.

The court, of its own motion, sets aside the hearing, to give appellees an opportunity to file a plea in case they desire to do so. The case will remain open until the ioth of April, when it will be again submitted.

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Bluebook (online)

8 Ky. Op. 460, 1875 Ky. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-thomas-kyctapp-1875.