Bradford v. Patterson

• Citation: 8 Ky. 464
• Parties: John Bradford v. Robert Patterson.
• Decision Date: 17 April 1819
• Court: Court of Appeals of Kentucky

8 Ky. 464

John Bradford v. Robert Patterson.

Court of Appeals of Kentucky.

April 17, 1819

ON AN APPEAL FROM A DECREE OF THE FAYETTE CIRCUIT COURT.

Bibb, for appellant.

Haggin, for appellee.

OPINION

ROWAN, JUDGE

In this case a decree was pronounced by the court of appeals at the spring term of that court, in the year 1817, and the court below was therein directed to enter up a decree conformably thereto. That court, in the succeeding February, entered up a decree purporting to be pursuant to the direction aforesaid, from which decree this appeal was taken by Bradford. The errors assigned impugn, virtually the decree of the appellate court, for it can not be perceived that the decree of the court below is, in any essential particular, variant therefrom.

The appellate court may have erred in their decree in this case, and if they were convinced of it, their regret for the error would be exceeded only by their eagerness to correct it, if it were practicable; but the organization of the judicial department, and every just inference drawn from the nature and purposes thereof, alike forbid the re-examination of its judgments or decrees, after the term at which they were pronounced, has expired. While they know and regret that the appellate, like all other tribunals, is liable to error, and that that court, in this, and many other instances, may have erred, they feel constrained to bend to that political necessity, which refuses to permit them to correct old, least in the attempt they should commit new errors. They disclaim the power of modifying the decree of the appellate court; and they think the decree appealed from in this case, is in strict conformity with it, and must be affirmed with costs, & c.

After the term expires in which a decision is rendered, the court of appeals can not correct errors in the opinions, even if they exist.