McHenry v. Phelps

Court of Appeals of Kentucky

McHenry v. Phelps

5 Ky. Op. 102, 1872 Ky. LEXIS 221

DecidedFebruary 22, 1872

StatusPublished

This text of 5 Ky. Op. 102 (McHenry v. Phelps) 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

McHenry v. Phelps, 5 Ky. Op. 102, 1872 Ky. LEXIS 221 (Ky. Ct. App. 1872).

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Opinion

Opinion by

Judge Lindsay :

Where the matters in litigation have been properly submitted to a jury, it is essential that the party complaining shall make [103]*103a motion for a new trial, in order to entitle himself to have errors to his prejudice corrected by the court of appeals. 4th Bush 46. No such motion seems to have been made in this case. Wherefore as this court cannot review the proceedings had in the circuit court, the judgment must be affirmed.

Conklin, John Chapeze, for appellant.

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Opinion by

Judge Lindsay :

Where the matters in litigation have been properly submitted to a jury, it is essential that the party complaining shall make [103]*103a motion for a new trial, in order to entitle himself to have errors to his prejudice corrected by the court of appeals. 4th Bush 46. No such motion seems to have been made in this case. Wherefore as this court cannot review the proceedings had in the circuit court, the judgment must be affirmed.

Conklin, John Chapeze, for appellant.

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Bluebook (online)

5 Ky. Op. 102, 1872 Ky. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mchenry-v-phelps-kyctapp-1872.