October 1, 2012

Griffin v. Hedrick, Pulaski, 1832

Griffin vs. Hedrick.

COURT OF APPEALS OF KENTUCKY

30 Ky. 280; 1832 Ky. LEXIS 74; 7 J.J. Marsh. 280

April 28, 1832, Decided

PRIOR HISTORY:  [**1]  Error to the Pulaski Circuit; BRIDGES, Judge.

DISPOSITION: Reversed and remanded for a new trial.

JUDGES: Chief Justice ROBERTSON.

OPINION BY: ROBERTSON

OPINION

 [*280]  Chief Justice ROBERTSON delivered the Opinion of the Court.

WE are of opinion that the evidence in this cause does not establish a contract of any kind between the plaintiff and defendant. It may shew that Griffin converted a clock owned by Hedrick, but it does not conduce to prove a promise to restore the clock upon demand. The court therefore, erred in entertaining jurisdiction of the cause: without any instruction to the jury, it would have been proper for the court to dismiss the whole proceedings for want of jurisdiction; II. J. J. Marshall's Reports, 29.

Judgment reversed, and cause remanded for a new trial.

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