Herd v. Cochran

Court of Appeals of Kentucky

Herd v. Cochran

6 Ky. Op. 735, 1873 Ky. LEXIS 376

DecidedJune 12, 1873

StatusPublished

This text of 6 Ky. Op. 735 (Herd v. Cochran) 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

Herd v. Cochran, 6 Ky. Op. 735, 1873 Ky. LEXIS 376 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Lindsay :

Appellant fails to show diligence in looking up the testimony to make good his defense to the original suit. The witnesses' examined in this action, are all residents of Owsley County, and are the very persons by whom he had the greatest'reason to suppose he might be able to prove the payment of the Brandenburg and Guy claims, and yet he does not appear to have made inquiry as to what proof they would make until after judgment was rendered and execution issued. Such diligence is inexcusable, and is enough of itself to preclude the court from, granting him; a new trial. But in addition to this, he fails to show himself entitled to relief upon the merits of the new proceeding.

Judgment atñrmed.

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Opinion by

Judge Lindsay :

Appellant fails to show diligence in looking up the testimony to make good his defense to the original suit. The witnesses' examined in this action, are all residents of Owsley County, and are the very persons by whom he had the greatest'reason to suppose he might be able to prove the payment of the Brandenburg and Guy claims, and yet he does not appear to have made inquiry as to what proof they would make until after judgment was rendered and execution issued. Such diligence is inexcusable, and is enough of itself to preclude the court from, granting him; a new trial. But in addition to this, he fails to show himself entitled to relief upon the merits of the new proceeding.

Judgment atñrmed.

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Bluebook (online)

6 Ky. Op. 735, 1873 Ky. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herd-v-cochran-kyctapp-1873.