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171 Ky. 315

Kirk v. Sampson

Court of Appeals of Kentucky

Decided October 3, 1916

Court of Appeals of Kentucky · decided 1916-10-03

<p>Appeal and Error — Affirmance by Equally Divided Court. — When the judges of the Court of Appeals are equally divided in opinion as to the affirmance or reversal of the judgment of the circuit court, it will be affirmed.</p>

Cited by 2 later decisions — most recently June 1954

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1916-10-03

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Per Curiam:

¶1The judgment of the Knox circuit court in this case is affirmed by an equally divided court; the whole court sitting, except Judge Hurt, who is absent on account of illness in his family, and will not return in time to participate in the decision of this case before October 7th, the latest day on which the nomination of a candidate for judge of the Court of Appeals can be certified to the Secretary of State.

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