Reed v. Bragg

Court of Appeals of Kentucky

Reed v. Bragg

28 Ky. 620, 5 J.J. Marsh. 620, 1831 Ky. LEXIS 86

DecidedApril 18, 1831

StatusPublished

This text of 28 Ky. 620 (Reed v. Bragg) 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

Reed v. Bragg, 28 Ky. 620, 5 J.J. Marsh. 620, 1831 Ky. LEXIS 86 (Ky. Ct. App. 1831).

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Opinion

Judge Buckneb,

delivered the opinion of the court.

. This was an appeal to the circuit court from the judgment of a justice of the peace, dismissing at Bragg’s costs, a warrant sued out by him against Reed. On the trial of the case, the court,after tbe examination of the witnesses had been closed, instructed the jury positively, on the motion of Bragg, to find for him, which the jury did; and judgment was entered in his favor. To reverse it, Reed prosecutes tliig writ of error.

In thus instructing the? jury, the court erred. The evidence should have been submitted to their determination, wiiose province it was to weigh it and find accordingly.

The judgment must be reversed with costs, and the cause remanded to that court, that a trial,<ic wore, may be bad, not inconri.iie.nl: with this opinion.

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Judge Buckneb,

delivered the opinion of the court.

. This was an appeal to the circuit court from the judgment of a justice of the peace, dismissing at Bragg’s costs, a warrant sued out by him against Reed. On the trial of the case, the court,after tbe examination of the witnesses had been closed, instructed the jury positively, on the motion of Bragg, to find for him, which the jury did; and judgment was entered in his favor. To reverse it, Reed prosecutes tliig writ of error.

In thus instructing the? jury, the court erred. The evidence should have been submitted to their determination, wiiose province it was to weigh it and find accordingly.

The judgment must be reversed with costs, and the cause remanded to that court, that a trial,<ic wore, may be bad, not inconri.iie.nl: with this opinion.

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Bluebook (online)

28 Ky. 620, 5 J.J. Marsh. 620, 1831 Ky. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-bragg-kyctapp-1831.