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Bobbitt v. Blakemore

Bobbitt v. Blakemore, 154 S.W. 941 (Ky. Ct. App. 1913)
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Court
Court of Appeals of Kentucky · State Appellate Courts
Decided
March 28, 1913
Judges
Turner
Citations
154 S.W. 941153 Ky. 1701913 Ky. LEXIS 797
Cited by 7
Headnotes
Ejectment — Action in — Absence of Bill of Exceptions — Judgment Supported by pleadings. — In an action in ejectment, the bill- .of exceptions having been stricken from the record, the pleadings clearly setting forth the plaintiff’s right of recovery and being sufficient to sustain the judgment, it must he affirmed. Under the well known rule of practice nothing is left for determination, in such a case, except whether the judgment is supported by the pleadings.
Summary
Appeal from Lincoln 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 — Turner

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Opinion of the Court by Judge Turner

Affirming.

This is an action in ejectment instituted by appellees against appellant wherein they recovered from him a small tract of about 3% acres in Lincoln County.

This court, upon motion of appellees, has heretofore stricken out the bill of exceptions appearing in the record, and under the well known rule of practice it leaves nothing for determination except whether the judgment is supported by the pleadings.

It is simply an action in ejectment, and the pleadings clearly and explicitly set forth the plaintiff’s right of recovery, and are amply sufficient to sustain the judgment of the circuit court.

Judgment affirmed.

How later courts describe this case

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Cited by 7 cases

View all citing references →
1919: 21920: 11921: 21936: 11943: 119192026peak 1919 · 2

Relies on it most ⓘ

  1. Baker v. Whittaker215 S.W. 178 (Ky. Ct. App. 1919)
  2. McNeal's Admr. v. Norfolk & Western Railway Co.214 S.W. 888 (Ky. Ct. App. 1919)
  3. City of Bellevue v. Hall174 S.W.2d 24 (Ky. Ct. App. 1943)
  4. Easley & Siegleman v. Kramer94 S.W.2d 1030 (Ky. Ct. App. 1936)
  5. Yates v. Stevenson234 S.W. 747 (Ky. Ct. App. 1921)
  6. Brewer v. Commonwealth221 S.W. 224 (Ky. Ct. App. 1920)

Most recent

  1. City of Bellevue v. Hall174 S.W.2d 24 (Ky. Ct. App. 1943)
  2. Easley & Siegleman v. Kramer94 S.W.2d 1030 (Ky. Ct. App. 1936)
  3. Yates v. Stevenson234 S.W. 747 (Ky. Ct. App. 1921)
  4. Forgy & Wells v. Rapier Sugar Feed Co.230 S.W. 534 (Ky. Ct. App. 1921)
  5. Brewer v. Commonwealth221 S.W. 224 (Ky. Ct. App. 1920)
  6. Baker v. Whittaker215 S.W. 178 (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.

Authorities cited 0

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