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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