Brown v. Mincey

Court of Appeals of Kentucky

Brown v. Mincey

269 S.W.2d 245, 1954 Ky. LEXIS 979

CourtCourt of Appeals of Kentucky

DecidedJune 11, 1954

StatusPublished

Cited by1 cases

This text of 269 S.W.2d 245 (Brown v. Mincey) 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

Brown v. Mincey, 269 S.W.2d 245, 1954 Ky. LEXIS 979 (Ky. Ct. App. 1954).

Pincite

Opinion

CLAY, Commissioner.

This case was practiced, tried and appealed under the Civil Code. The only ground for reversal asserted by appellants is alleged error in the instructions.

In appellants’ motion and grounds for a new trial they did not assert error in the instructions. The long settled rule under the Civil Code was that the failure of a party to challenge the instructions in his motion and grounds for a new trial constitutes a waiver of that objection and-the question cannot be raised in this Court for the first time. Jarboe v. Shane, Ky., 1953, 254 S.W.2d 695.

It may be noted that under the new Kentucky Rules of Civil Procedure the principle stated above is no longer applicable to the question here presented. See CR 59.06.

The judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI