Sterritt v. Lockhart

Court of Appeals of Kentucky

Sterritt v. Lockhart

30 Ky. 554, 7 J.J. Marsh. 554, 1832 Ky. LEXIS 144

DecidedOctober 17, 1832

StatusPublished

This text of 30 Ky. 554 (Sterritt v. Lockhart) 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

Sterritt v. Lockhart, 30 Ky. 554, 7 J.J. Marsh. 554, 1832 Ky. LEXIS 144 (Ky. Ct. App. 1832).

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Opinion

<t¡Jusiiee Bobertson

delivered the Opinion of the Court?

-3’uxlge Underwood did not *»it.

As the only two members of the court, who can adjudicate in this case, do not concur in opinion, (one being for a reversal and the other for an affirmance of the judgment below,) and as the legal effect of granting a re-hearing was a revocation of the former opinion (see Lipscomb vs. Grubs, III Bibb, 392,) therefore the necessary consequence must be, that the former opinion cannot be the judgment of this court, hut remains revoked, and the judgment of the circuit court stands affirmed, in consequence of the equal division of this court.

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<t¡Jusiiee Bobertson

delivered the Opinion of the Court?

-3’uxlge Underwood did not *»it.

As the only two members of the court, who can adjudicate in this case, do not concur in opinion, (one being for a reversal and the other for an affirmance of the judgment below,) and as the legal effect of granting a re-hearing was a revocation of the former opinion (see Lipscomb vs. Grubs, III Bibb, 392,) therefore the necessary consequence must be, that the former opinion cannot be the judgment of this court, hut remains revoked, and the judgment of the circuit court stands affirmed, in consequence of the equal division of this court.

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Bluebook (online)

30 Ky. 554, 7 J.J. Marsh. 554, 1832 Ky. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sterritt-v-lockhart-kyctapp-1832.