Roberts v. Calhoun

Decided October 9, 1912

Court of Appeals of Kentucky · decided 1912-10-09

<p>Lost Record — Must Be Supplied by Proceeding in Circuit Court. — ■ Where a part of the record is lost and so-cannot be copied into the transcript, it 'should ¡be supplied by a proceeding in the circuit court. It cannot be supplied in this court.</p>

Decided 1912-10-09

¶1Opinion op the Court by

Chiep Justice Hobson

¶2On Motion to Supply Eecord.

¶3A part of the record having been lost since the hearing in the circuit court, it must be supplied: by a proceeding in that court as provided by the statute. It cannot be supplied' by a proceeding in this court but the ease here will be continued and time given for the supplying of the record.

¶4Case continued to January term. Gaboury v. Combs, 28 R., 443, 761.