Elstan v. Roberts

Court of Appeals of Kentucky

Elstan v. Roberts

7 Ky. Op. 16, 1873 Ky. LEXIS 396

DecidedJune 20, 1873

StatusPublished

This text of 7 Ky. Op. 16 (Elstan v. Roberts) 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

Elstan v. Roberts, 7 Ky. Op. 16, 1873 Ky. LEXIS 396 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Hardin:

We perceive no substantial or available error in the action of the court in causing new pleadings- to be substituted for the original ones which were lost; but if in this action of the court there was any error, the defendant waived it by failing to make it a ground for a new trial.

The evidence adduced on the trial not being in the record, we must presume it was such as to authorize the finding of the jury, and we cannot say that the verdict is excessive, or not sustained by sufficient -evidence.

The judgment is affirmed.

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Opinion by

Judge Hardin:

We perceive no substantial or available error in the action of the court in causing new pleadings- to be substituted for the original ones which were lost; but if in this action of the court there was any error, the defendant waived it by failing to make it a ground for a new trial.

The evidence adduced on the trial not being in the record, we must presume it was such as to authorize the finding of the jury, and we cannot say that the verdict is excessive, or not sustained by sufficient -evidence.

The judgment is affirmed.

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Bluebook (online)

7 Ky. Op. 16, 1873 Ky. LEXIS 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elstan-v-roberts-kyctapp-1873.