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Braswell v. Hurley

Braswell v. Hurley, County School Supt.

Braswell v. Hurley, 148 S.W. 32 (Ky. Ct. App. 1912)
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Court
Court of Appeals of Kentucky · State Appellate Courts
Decided
June 21, 1912
Judges
Hobson
Citations
148 S.W. 32149 Ky. 2051912 Ky. LEXIS 601
Headnotes
Appeals. — The presumption that the Circuit Court ruled correctly is not overcome where the appellant files an incomplete transcript not made out on a schedule filed pursuant to Sec. 737 of the Civil Code.
Summary
Appeal from Livingston Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hobson

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Opinion of the Court by Chief Justice Hobson

Affirming,

*206 This appeal is prosecuted on an incomplete transcript of the record. By rule 27 of the court, a partial transcript may be brought up on a schedule filed in the Clerk’s office as prescribed by section 737 of the Code of practice. But no schedule was filed in this case and the clerk merely certifies that the transcript contains a true copy of the petition, the demurrer thereto and the order sustaining it. The presumption is that the circuit court ruled correctly. We cannot know from this transcript what other orders the circuit court made in the action or what other pleadings were filed in it. The presumption that the circuit court ruled correctly is not overcome when a partial transcript is filed, unless it is so made out that under the rule it must be treated as a complete transcript. See Civil Code, section 737, subsection 12.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1919: 219192026peak 1919 · 2

Relies on it most ⓘ

  1. Prewitt v. Wilborn212 S.W. 442 (Ky. Ct. App. 1919)
  2. Trosper Coal Co. v. R. C. Tway Mining Co.209 S.W. 58 (Ky. Ct. App. 1919)

Most recent

  1. Prewitt v. Wilborn212 S.W. 442 (Ky. Ct. App. 1919)
  2. Trosper Coal Co. v. R. C. Tway Mining Co.209 S.W. 58 (Ky. Ct. App. 1919)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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