Jeter v. Willis

Court of Appeals of Kentucky

Jeter v. Willis

6 Ky. Op. 57, 1872 Ky. LEXIS 413

DecidedDecember 8, 1872

StatusPublished

This text of 6 Ky. Op. 57 (Jeter v. Willis) 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

Jeter v. Willis, 6 Ky. Op. 57, 1872 Ky. LEXIS 413 (Ky. Ct. App. 1872).

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Opinion

Opinion by

Judge Peters :

A demurrer to appellees’ answer was overruled by the court below and the case was then submitted on final hearing, and after the evidence was heard, the record shows that the court refused to permit appellant to proceed any further, and refused the prayer for judgment. But appellant’s petition is not dismissed, nor has any final order or judgment been rendered in the case, the action is still pending in that court for future adjudication, when a judgment may be rendered or his action may be dismissed.

As, therefore, no final order or judgment has been rendered in the case, this court, under Sec. 15 Civ. Code, has no jurisdiction.

Wherefore the appeal is dismissed.

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Opinion by

Judge Peters :

A demurrer to appellees’ answer was overruled by the court below and the case was then submitted on final hearing, and after the evidence was heard, the record shows that the court refused to permit appellant to proceed any further, and refused the prayer for judgment. But appellant’s petition is not dismissed, nor has any final order or judgment been rendered in the case, the action is still pending in that court for future adjudication, when a judgment may be rendered or his action may be dismissed.

As, therefore, no final order or judgment has been rendered in the case, this court, under Sec. 15 Civ. Code, has no jurisdiction.

Wherefore the appeal is dismissed.

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Bluebook (online)

6 Ky. Op. 57, 1872 Ky. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeter-v-willis-kyctapp-1872.