Miller v. Pentecost

Court of Appeals of Kentucky

Miller v. Pentecost

28 Ky. 362, 5 J.J. Marsh. 362, 1831 Ky. LEXIS 40

DecidedApril 7, 1831

StatusPublished

This text of 28 Ky. 362 (Miller v. Pentecost) 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

Miller v. Pentecost, 28 Ky. 362, 5 J.J. Marsh. 362, 1831 Ky. LEXIS 40 (Ky. Ct. App. 1831).

Pincite

Opinion

Judge Buckner,

delivered tfie opinion oí the court.

Pentecost filed a bill in chancery, against Miller, which was dismissed on bis motion, after answer filed, but without costs. On the next day, the circuit court erroneously entered a decree in his favor for costs, and Miller prosecutes this writ of error, to reverse it. The court, we have no-doubt, intended to give a decree for costs, in favor of the plaintiff in or [363]*363ror; and that it was entered, as it stands, by mistake; but we are bound to take the record as true.

Monroe, for plaintiff.

The decree must lie reversed with costs, and the &c. cause remanded to the court below, with directions to enter a decree for costs, in favor of Miller.

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

Judge Buckner,

delivered tfie opinion oí the court.

Pentecost filed a bill in chancery, against Miller, which was dismissed on bis motion, after answer filed, but without costs. On the next day, the circuit court erroneously entered a decree in his favor for costs, and Miller prosecutes this writ of error, to reverse it. The court, we have no-doubt, intended to give a decree for costs, in favor of the plaintiff in or [363]*363ror; and that it was entered, as it stands, by mistake; but we are bound to take the record as true.

Monroe, for plaintiff.

The decree must lie reversed with costs, and the &c. cause remanded to the court below, with directions to enter a decree for costs, in favor of Miller.

Cite This Page — Counsel Stack

Bluebook (online)

28 Ky. 362, 5 J.J. Marsh. 362, 1831 Ky. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-pentecost-kyctapp-1831.