Crotenkemper & Co. v. Hill

Court of Appeals of Kentucky

Crotenkemper & Co. v. Hill

5 Ky. Op. 680, 1871 Ky. LEXIS 566

DecidedSeptember 23, 1871

StatusPublished

This text of 5 Ky. Op. 680 (Crotenkemper & Co. v. Hill) 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

Crotenkemper & Co. v. Hill, 5 Ky. Op. 680, 1871 Ky. LEXIS 566 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Lindsay:

Appellants did not except to the order of submission in this case. They did not ask a continuance, nor suggest to the court that they desired further time for preparation. In the absence of any such facts we cannot assume that they were prejudiced by the action of the court below.

The mandate of this court directed an adjustment of the accounts between the parties upon substantially the theory insisted upon by the appellants in their' pleadings, and with a view to which they had prepared the casé.

Fisk, for appellant. Stevenson & Myers, for appellee.

The evidence fully sustains the action of the court in rendering the judgment complained of.

We perceive no available ground for a reversal.

Wherefore the judgment is affirmed.

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