105 Ky. 358 | Ky. Ct. App. | 1899
delivered the opinion of the court.
Appellee brought suit against appellant for taxes claimed to be due from appellant for school purposes for the years 1888 to 1892, inclusive; amounting, as Claimed, to $1,180.97. To the petition as amended a number of defenses were interposed, but, in our opinion, they are not necessary to be considered, for the decision of this case. The case was submitted to the court without a jury on December 14, 1895, upon the law and facts. From the record it appears that on the same day, which was the last day of the November term, a judgment was entered for plaintiff for $669.60, and by another order that on the same day the plaintiff filed motion and grounds for new trial. But upon the first day of the next (March) term an order was entered which shows that the appellant moved to set aside th'e order appearing on the order book of the
By no stretch of construction can the agreement and the understanding between the parties be made to embrace the right to either party to malee motions at the ensuing term, the right to make which would have expired by lapse of time. The only effect which that agreement can have, or could have been intended to have, was to give an order entered in vacation the same validity which it would have had if entered in term time. In accordance with the opinion by Judge Cofer in Bennett v. Tiernay (78 Ky., 584), it did have that effect when the judgment was signed by the judge at the next term. Not so, however, of the motion for a new trial, which the finding of the circuit court itself shows was not entered until the first day of the next term, and