Bobbitt v. Blakemore

Decided March 28, 1913

Court of Appeals of Kentucky · decided 1913-03-28

<p>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.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1913-03-28

How this case has been cited

Cited by 7 later decisions — most recently May 1943

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion of the Court by

Judge Turner

¶2Affirming.

¶3This 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.

¶4This 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.

¶5It 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.

¶6Judgment affirmed.