Republic Creosoting Co. v. Foster

Court of Appeals of Kentucky (pre-1976)

Republic Creosoting Co. v. Foster

206 S.W.2d 947, 306 Ky. 274, 1947 Ky. LEXIS 997

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedNovember 11, 1947

StatusPublished

This text of 206 S.W.2d 947 (Republic Creosoting Co. v. Foster) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Republic Creosoting Co. v. Foster, 206 S.W.2d 947, 306 Ky. 274, 1947 Ky. LEXIS 997 (Ky. 1947).

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Opinion

Opinion of the Court by

Van Sant, Commissioner

—Affirming.

The suit is for damages for trespass on land. The jury awarded appellee, plaintiff below, $500 and judgment was entered accordingly. As grounds for reversal, appellant argues that the verdict (1) is contrary to the law and evidence, and (2) is excessive.

The Court refused to certify the tendered bill of exceptions; thereupon a bystander’s bill, containing the bill of evidence, was filed; it was attested by the affidavit of one bystander only. Appellee has moved to strike the bill of exceptions from the record. This motion must be sustained, because the bill has not been attested by the affidavits of two bystanders in accordance with the provisions of Section 337 of the Civil Code of Practice. The only complaints in respect to the judgment are based upon the evidence, which, as we have said, has not been certified to this Court in due form, and therefore may not be considered. The sole question remaining for our determination is whether *275 the pleadings support the judgment; and, although no complaint has been made in this respect, we have considered the question and have concluded that the pleadings are sufficient.

The judgment is affirmed.

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Opinion of the Court by

Van Sant, Commissioner

—Affirming.

The suit is for damages for trespass on land. The jury awarded appellee, plaintiff below, $500 and judgment was entered accordingly. As grounds for reversal, appellant argues that the verdict (1) is contrary to the law and evidence, and (2) is excessive.

The Court refused to certify the tendered bill of exceptions; thereupon a bystander’s bill, containing the bill of evidence, was filed; it was attested by the affidavit of one bystander only. Appellee has moved to strike the bill of exceptions from the record. This motion must be sustained, because the bill has not been attested by the affidavits of two bystanders in accordance with the provisions of Section 337 of the Civil Code of Practice. The only complaints in respect to the judgment are based upon the evidence, which, as we have said, has not been certified to this Court in due form, and therefore may not be considered. The sole question remaining for our determination is whether *275 the pleadings support the judgment; and, although no complaint has been made in this respect, we have considered the question and have concluded that the pleadings are sufficient.

The judgment is affirmed.

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Bluebook (online)

206 S.W.2d 947, 306 Ky. 274, 1947 Ky. LEXIS 997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/republic-creosoting-co-v-foster-kyctapphigh-1947.