Bradshaw v. Woodward
This text of 5 Ky. Op. 184 (Bradshaw v. Woodward) 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.
Opinion
Opinion by
This court has repeatedly held that a bill of exceptions to be valid, as such, must ¡be signed by the judge and filed during a term of the court and noted of record, and that the circuit court has no power to authorize a bill of exceptions to be prepared and filed during vacation. Sec. 364, Civ. Co., does not admit of such a construction. Freeman v. Brenham, 17 Ben M. 607. And many cases decided since.
As the bill of exceptions in this case was filed in vacation, we can not consider it for any purpose, and in the absence of a bill of exceptions must presume the rulings of the. court below as correct.
Wherefore the judgment must be affirmed.
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Cite This Page — Counsel Stack
5 Ky. Op. 184, 1871 Ky. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradshaw-v-woodward-kyctapp-1871.