Louisville City Railway Co. v. Saltmarsh

Court of Appeals of Kentucky

Louisville City Railway Co. v. Saltmarsh

8 Ky. Op. 856, 1875 Ky. LEXIS 253

DecidedOctober 27, 1875

StatusPublished

This text of 8 Ky. Op. 856 (Louisville City Railway Co. v. Saltmarsh) 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

Louisville City Railway Co. v. Saltmarsh, 8 Ky. Op. 856, 1875 Ky. LEXIS 253 (Ky. Ct. App. 1875).

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Opinion

Opinion by

Judge Pryor:

No exceptions were taken to the instructions given by the court below, nor is there any bill of evidence to be found in the .record. An amended record was offered to be filed, showing that after the case was brought to this court a motion was made in the court below to so correct the record as to show that exceptions were taken to the instructions at the time they were given. A record in such a case may be amended when there is something to amend by, as when a paper has been ordered to be copied that constitutes a part of the record, or when there is some defect in an order that may be corrected by reference to some other order in the case, but where the defect is to be supplied from the mere recollection of the judge or the attorneys, we are satisfied no such correction can be made, unless by consent after the record is filed in this court.

Besides, the bill of evidence is not signed by the judge, or so identified as to enable this court to say that it formed any part of the record.

The judgment is therefore affirmed.

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Opinion by

Judge Pryor:

No exceptions were taken to the instructions given by the court below, nor is there any bill of evidence to be found in the .record. An amended record was offered to be filed, showing that after the case was brought to this court a motion was made in the court below to so correct the record as to show that exceptions were taken to the instructions at the time they were given. A record in such a case may be amended when there is something to amend by, as when a paper has been ordered to be copied that constitutes a part of the record, or when there is some defect in an order that may be corrected by reference to some other order in the case, but where the defect is to be supplied from the mere recollection of the judge or the attorneys, we are satisfied no such correction can be made, unless by consent after the record is filed in this court.

Besides, the bill of evidence is not signed by the judge, or so identified as to enable this court to say that it formed any part of the record.

The judgment is therefore affirmed.

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Bluebook (online)

8 Ky. Op. 856, 1875 Ky. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisville-city-railway-co-v-saltmarsh-kyctapp-1875.