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311 Ky. 757

225 S.W.2d 306

Lewis v. Cooley

Court of Appeals of Kentucky (pre-1976)

Decided December 13, 1949

Court of Appeals of Kentucky (pre-1976) · decided 1949-12-13

Cited by 6 later decisions — most recently May 1967

6 state decisions

Relies on Sandusky v. Alsmiller, Clerk · Hargis v. Bach, Judge

Good law ✅— No negative treatment on recordhow we know

Decided 1949-12-13

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PER CURIAM.

¶1 The petitioner in proper person has filed in this Court a petition seeking to have the Court issue mandatory order against respondent, the Clerk of the Floyd Circuit court directing respondent furnish to him a certified copy of the record of a trial in that Court in which he was convicted of a felony.

¶2 We cannot determine the merits of the petition or -his rights as presented by his pleading. The Court is without jurisdiction; Constitution, sec. 110; KRS sec. 21.050. Proceedings of this nature must be instituted in the Circuit Court against the officer of that Court. Should such proceedings be had and the ruling be adverse to petitioner, his remedy is by appeal to this Court. Hargis v. Bach, 291 Ky. 766, 165 S. W. 2d 565; Sandusky v. Alsmiller, 291 Ky. 666, 165 S. W. 2d 342.

¶3 The petition is dismissed.

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