Davis v. Bailey

• Decision Date: 25 October 1899
• Citation: 53 S.W. 31
• Parties: DAVIS et al. v. BAILEY et al. [1]
• Court: Kentucky Court of Appeals

53 S.W. 31

DAVIS et al. v. BAILEY et al. ^[1]

Court of Appeals of Kentucky.

October 25, 1899

Appeal from circuit court, Breathitt county.

"Not to be officially reported."

Action by A. B. Bailey and others against D. S. Davis and others. Judgment for plaintiffs, and defendants appeal. Affirmed.

J. J. C. Bach, for appellants.

J. B. Marcum, for appellees.

GUFFY, J.

This appeal is prosecuted from a judgment of the Breathitt circuit court rendered in favor of appellees against appellants and one Carpenter. No appeal is, however, prosecuted by Carpenter. There is no bill of exceptions filed. Hence the only question presented for decision is whether the pleadings are sufficient to support the judgment. After a careful consideration of the petition and other pleadings, we are of opinion that the allegations sustain the judgment, and the verdict of the jury must be considered as fully authorized.

It is suggested for appellants that the court erred in some of the instructions given, but it does not appear that any exceptions were taken to the instructions. Moreover, we cannot say that the instructions were not authorized by the testimony, for the reason that no bill of evidence is before us.

Some complaint is made as to the instruction of the jury to find against Carpenter for the sums claimed. Carpenter, however, is not appealing, and, besides, it may be that the evidence fully authorized the instruction in question. Perceiving no error prejudicial to the substantial rights of the appellants, the judgment is affirmed.

---------

Notes:

^[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.

---------