Jordan v. Wallace's Adm'r

Court of Appeals of Kentucky

Jordan v. Wallace's Adm'r

7 Ky. Op. 480, 1874 Ky. LEXIS 159

DecidedJanuary 31, 1874

StatusPublished

This text of 7 Ky. Op. 480 (Jordan v. Wallace's Adm'r) 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

Jordan v. Wallace's Adm'r, 7 Ky. Op. 480, 1874 Ky. LEXIS 159 (Ky. Ct. App. 1874).

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Opinion

Opinion by

Judge Lindsay:

The law and facts of this case were by consent submitted to- the judge. His finding on the facts must therefore be treated as the verdict of a jury.

The date of the $12.59 note is inconsistent with the appellant’s theory that Wallace collected sixty dollars on the $98.00 note early in the war. The only witness who attempted to explain this inconsistency is Allison. His character is assailed, and the circuit judge seems to have disregarded his testimony, and we cannot say he erred in doing so.

Judgment affirmed.

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Opinion by

Judge Lindsay:

The law and facts of this case were by consent submitted to- the judge. His finding on the facts must therefore be treated as the verdict of a jury.

The date of the $12.59 note is inconsistent with the appellant’s theory that Wallace collected sixty dollars on the $98.00 note early in the war. The only witness who attempted to explain this inconsistency is Allison. His character is assailed, and the circuit judge seems to have disregarded his testimony, and we cannot say he erred in doing so.

Judgment affirmed.

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Bluebook (online)

7 Ky. Op. 480, 1874 Ky. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-wallaces-admr-kyctapp-1874.