Smith v. Riley

Court of Appeals of Kentucky

Smith v. Riley

3 Ky. Op. 497, 1869 Ky. LEXIS 495

DecidedDecember 1, 1869

StatusPublished

This text of 3 Ky. Op. 497 (Smith v. Riley) 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

Smith v. Riley, 3 Ky. Op. 497, 1869 Ky. LEXIS 495 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Robertson:

The more summary record of revivor presented by the Code of of Practice does not, as often adjudged, abolish the mere circuitous and sure mode of petition according to the common law. The case appearing to have been fully prepared in the common law mode, the circuit court erred in striking it from the docket as unprepared.

Wherefore, the judgment is reversed and the case remanded with instructions to reinstate it on the docket.

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Opinion of the Court by

Judge Robertson:

The more summary record of revivor presented by the Code of of Practice does not, as often adjudged, abolish the mere circuitous and sure mode of petition according to the common law. The case appearing to have been fully prepared in the common law mode, the circuit court erred in striking it from the docket as unprepared.

Wherefore, the judgment is reversed and the case remanded with instructions to reinstate it on the docket.

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Bluebook (online)

3 Ky. Op. 497, 1869 Ky. LEXIS 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-riley-kyctapp-1869.