Murphy v. English , 1868 Ky. LEXIS 547 ( 1868 )

Opinion of the Court by

Judge Robertson :

Whatever may have been the pretermitted proof on the answer and cross-petition of the Shankses, it was premature and erroneous to render judgment prejudicial to the appellant, during the same term it was filed without citation or appearance or a waiver of it not appearing on the record.

Wherefore, the judgment of the circuit court is reversed, ' and the cause remanded for further proceedings.