Nicholas v. Oldham

Court of Appeals of Kentucky

Nicholas v. Oldham

2 Ky. Op. 33, 1867 Ky. LEXIS 385

DecidedOctober 1, 1867

StatusPublished

This text of 2 Ky. Op. 33 (Nicholas v. Oldham) 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

Nicholas v. Oldham, 2 Ky. Op. 33, 1867 Ky. LEXIS 385 (Ky. Ct. App. 1867).

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Opinion

Opinion op the Court by

Judge Williams:

Whatever may be the errors in the proceedings against Joseph Knapp, we cannot consider them, because he was only constructively summoned, if indeed so brought before the court, and he can proceed under the Code to re-open and re-try the cause, else prosecute an appeal, but until he proceeds one way or the other, we cannot determine the alleged errors as to him.

We perceive no error in the proceedings or judgment as to appellant, therefore an affirmance must be avoided.

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Opinion op the Court by

Judge Williams:

Whatever may be the errors in the proceedings against Joseph Knapp, we cannot consider them, because he was only constructively summoned, if indeed so brought before the court, and he can proceed under the Code to re-open and re-try the cause, else prosecute an appeal, but until he proceeds one way or the other, we cannot determine the alleged errors as to him.

We perceive no error in the proceedings or judgment as to appellant, therefore an affirmance must be avoided.

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Bluebook (online)

2 Ky. Op. 33, 1867 Ky. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholas-v-oldham-kyctapp-1867.