Brashears v. Frazier

• Decision Date: 17 November 1897
• Citation: 43 S.W. 244
• Parties: BRASHEARS v. FRAZIER.
• Court: Kentucky Court of Appeals

43 S.W. 244

BRASHEARS v. FRAZIER.

Court of Appeals of Kentucky.

November 17, 1897

Appeal from circuit court, Letcher county.

"To be officially reported."

Action by James H. Frazier against Robert O. Brashears. Judgment for plaintiff, and defendant appeals. Affirmed.

Robt O. Brashears, in pro. per.

Dishman & Hays, John L. Scott & Son, and D. D. Fields, for appellee.

GUFFY, J.

The appellee insists that this appeal should be dismissed on account of the failure of the clerk to properly authenticate the transcript filed, and it is further insisted that no bill of exceptions has been filed; hence the law presumes that the peremptory instruction given to the jury was proper, and that the pleadings support the verdict. The certificate of the clerk is as follows: "I, John A. Craft, clerk of the Letcher circuit court, do hereby certify that the foregoing is a true copy, in substance, of the records of this office in the action of J. H. Frazier vs. Robt. O. Brashears. Given under my hand, clerk of said court, this May 5, 1894. John A. Craft, Clerk Letcher Circuit Court." The clerk being only a ministerial officer, it is his duty to correctly copy the records of the court, and certify to the same as being a correct copy. He cannot properly determine as to the substance of the records, but must copy same as made, and as they appear in the record, in order to properly present the transcript for appeal. In addition to this, there seems to be no bill of exceptions or evidence; hence the presumption of law is that the peremptory instruction was proper, and, as the pleadings support the judgment, the judgment appealed from must be, and is therefore, affirmed.