Oldham v. Hill

Court of Appeals of Kentucky

Oldham v. Hill

28 Ky. 300

DecidedJanuary 8, 1831

StatusPublished

This text of 28 Ky. 300 (Oldham v. Hill) 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

Oldham v. Hill, 28 Ky. 300 (Ky. Ct. App. 1831).

Pincite

Opinion

Chief Justice Robertson,

delivered the opinion of the court.

It seems to the court, that the judgment is erroneous. It appears, that on a writ of enquiry, only nine jurors were sworn. As there is no- waiver an the record, express or implied, of objection to the number, the judgment must be reversed. It would her prudent on the return of the case for the defendant in-, error to amend bis declaration, by averring bis readiness on the day and at the place designated to do what-might be necessary on his part, and also to aver the nondelivery of any wagon, without regard to the price. Judgment reversed, and cause remanded for a new trial.-

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

Chief Justice Robertson,

delivered the opinion of the court.

It seems to the court, that the judgment is erroneous. It appears, that on a writ of enquiry, only nine jurors were sworn. As there is no- waiver an the record, express or implied, of objection to the number, the judgment must be reversed. It would her prudent on the return of the case for the defendant in-, error to amend bis declaration, by averring bis readiness on the day and at the place designated to do what-might be necessary on his part, and also to aver the nondelivery of any wagon, without regard to the price. Judgment reversed, and cause remanded for a new trial.-

Cite This Page — Counsel Stack

Bluebook (online)

28 Ky. 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oldham-v-hill-kyctapp-1831.