Walker v. Craddock

Court of Appeals of Kentucky

Walker v. Craddock

8 Ky. Op. 281, 1875 Ky. LEXIS 60

DecidedJanuary 6, 1875

StatusPublished

This text of 8 Ky. Op. 281 (Walker v. Craddock) 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

Walker v. Craddock, 8 Ky. Op. 281, 1875 Ky. LEXIS 60 (Ky. Ct. App. 1875).

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Opinion

Opinion by

Judge Cofer:

It is not alleged that the judgment, satisfaction of which is sought in this suit, was unpaid at the time the suit was brought; and the petition is, therefore, insufficient, and the judgment in this case must consequently be reversed.

As any inaccuracy of the judgment may be corrected upon a return of the cause, it is not necessary to decide whether such inaccuracy is error to be corrected here, or misprision to be corrected in the court below.

The judgment is reversed and the cause is remanded with directions to allow the appellee to amend his petition and for further proceedings.

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Opinion by

Judge Cofer:

It is not alleged that the judgment, satisfaction of which is sought in this suit, was unpaid at the time the suit was brought; and the petition is, therefore, insufficient, and the judgment in this case must consequently be reversed.

As any inaccuracy of the judgment may be corrected upon a return of the cause, it is not necessary to decide whether such inaccuracy is error to be corrected here, or misprision to be corrected in the court below.

The judgment is reversed and the cause is remanded with directions to allow the appellee to amend his petition and for further proceedings.

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Bluebook (online)

8 Ky. Op. 281, 1875 Ky. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-craddock-kyctapp-1875.