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eBook details

• Title: Widick v. Ralston
• Author : Court Of Appeals Of Kentucky
• Release Date : January 01, 1946
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The judgment is accordingly affirmed. SILER, Justice (dissenting). I agree with Judge THOMAS in the first ground of his dissenting opinion set out above. His reasoning and legal conclusions appear to be sound. Ample and sufficient legal authority seem to support his opinion that the trial court committed prejudicial error in permitting appellee to file an amendment to his pleading 49 days after the limitation terminus fixed by statute, the effect of such ruling of the trial court being to permit the appellants, the election contestants, to set up grounds of contest that they completely refrained from revealing in their original pleading. This litigation of contestants began with a pleading pregnant with decadent and meaningless conclusions rather than with the vibrant facts necessary to sustain its legal life. And undoubtedly the contestants lingered too long in bringing forth the amendment that gave their cause the vitaminic nutrition necessary to sustain its vitality in a court of law.

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