Kercheval v. Ambler, 34 Ky. 166 (1836)

Citation: Kercheval v. Ambler, 34 Ky. 166 (1836)
Parent Document: Kercheval v. Ambler, 34 Ky. 166 (1836)
Jurisdiction: Kentucky (state)
Effective Date: 1836-06-09
Original Source: https://www.courtlistener.com/opinion/7459288/kercheval-v-ambler/ ↗

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Ajudg’t in ejectment, is conclusive evidence, that the dePt had been in possession; and if he is amoved by ha. fas and is again found onthe land — whether his last entry was in his own right, or that Of another*, a jury may infer that it was tortious, iand, if so, he is liable to a writ of forcible entry.
A deposition taken in one cause may be read cronf/ms-between the same parties, ned condemn the decision of a lower court upon thesufficiency of the grounds for admitting a deposition (in ness) °un!ee;sV1a paipableabuseof cretio'rf appears! A cause will not be reversed for mission of adecontains”nothing that could prejucomplabiing.ait^
The foregoing considerations, when rightly applied, virtually dispose of the instructions given and refused, taken altogether, with the modifications made by the Circuit Judge, and sustain all the opinions which hé gave on every material point which occurred in the progress of the trial-, ’with the exception only of two remaining questions, which we will now proceed’ more specifically to consider.

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