Lairson v. Judge, Clark Circuit Court

Court of Appeals of Kentucky

Lairson v. Judge, Clark Circuit Court

378 S.W.2d 634, 1964 Ky. LEXIS 200

DecidedMay 1, 1964

StatusPublished

This text of 378 S.W.2d 634 (Lairson v. Judge, Clark Circuit Court) 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

Lairson v. Judge, Clark Circuit Court, 378 S.W.2d 634, 1964 Ky. LEXIS 200 (Ky. Ct. App. 1964).

Pincite

Opinion

STEWART, Judge.

Petitioner, Buddy Wayne Lairson, is a prisoner in the Kentucky State Penitentiary at Eddyville, under sentence from the Clark Circuit Court. He seeks an order against ‘‘Judge of the Clark Circuit Court,” as respondent, to vacate the judgment entered upon the ground that the indictment was erroneous and unauthorized, but he does not specify the ground.

This Court has uniformly held that a proceeding to control the action of a trial court is of a personal nature and that the judge of that court must be sued by name. The failure in this case to designate the trial judge by name is fatal to petitioner’s cause. See Long v. Judge, Webster Circuit Court, Ky., 378 S.W.2d 628; Clevenger v. Judge of Pike Circuit Court, Ky., 375 S.W.2d 277; Gibson v. Judge of Warren Circuit Court, Ky., 375 S.W.2d 276.

Wherefore, the petition is dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

STEWART, Judge.

Petitioner, Buddy Wayne Lairson, is a prisoner in the Kentucky State Penitentiary at Eddyville, under sentence from the Clark Circuit Court. He seeks an order against ‘‘Judge of the Clark Circuit Court,” as respondent, to vacate the judgment entered upon the ground that the indictment was erroneous and unauthorized, but he does not specify the ground.

This Court has uniformly held that a proceeding to control the action of a trial court is of a personal nature and that the judge of that court must be sued by name. The failure in this case to designate the trial judge by name is fatal to petitioner’s cause. See Long v. Judge, Webster Circuit Court, Ky., 378 S.W.2d 628; Clevenger v. Judge of Pike Circuit Court, Ky., 375 S.W.2d 277; Gibson v. Judge of Warren Circuit Court, Ky., 375 S.W.2d 276.

Wherefore, the petition is dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

378 S.W.2d 634, 1964 Ky. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lairson-v-judge-clark-circuit-court-kyctapp-1964.

Opinion

Related

Cite This Page — Counsel Stack