Davis v. Powell

Court of Appeals of Kentucky

Davis v. Powell

3 Ky. Op. 420, 1869 Ky. LEXIS 469

DecidedDecember 2, 1869

StatusPublished

This text of 3 Ky. Op. 420 (Davis v. Powell) 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

Davis v. Powell, 3 Ky. Op. 420, 1869 Ky. LEXIS 469 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Robertson:

The alleged error in the opinion of the circuit court as to boundary, could not be consistently decreed a clerical misprision. But if it had been the mistake of the clerk and not an error of the judge, it was correctable by the same tribunal on motion, before the case came here for revision. When it was affirmed by this court the legal effect of the affirmance was that there was [421]*421no error, clerical or judicial. And that judgment is now conclusive on the parties and cannot be altered by this court or revived by the circuit court for the imputed error.

Bush, for appellant. Hughes, for appellee.

Wherefore, the judgment of the circuit court disregarding the opinion and mandate of this court and changing the judgment is reversed, and the cause remanded with instructions to dismiss the appellee’s motion to alter the judgment.

See vol. 2 Kentucky Opinion's 137.

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Opinion of the Court by

Judge Robertson:

The alleged error in the opinion of the circuit court as to boundary, could not be consistently decreed a clerical misprision. But if it had been the mistake of the clerk and not an error of the judge, it was correctable by the same tribunal on motion, before the case came here for revision. When it was affirmed by this court the legal effect of the affirmance was that there was [421]*421no error, clerical or judicial. And that judgment is now conclusive on the parties and cannot be altered by this court or revived by the circuit court for the imputed error.

Bush, for appellant. Hughes, for appellee.

Wherefore, the judgment of the circuit court disregarding the opinion and mandate of this court and changing the judgment is reversed, and the cause remanded with instructions to dismiss the appellee’s motion to alter the judgment.

See vol. 2 Kentucky Opinion's 137.

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Bluebook (online)

3 Ky. Op. 420, 1869 Ky. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-powell-kyctapp-1869.