120 Ky. 1 | Ky. Ct. App. | 1905
Opinion by Chiep
Affirming.
Appellant, John C. Manion, began tbis action in tbe Henderson Circuit Court by a petition in ordinary, in which be alleged that tbe defendant was indebted to bim in tbe sum of $927.07 for balance of money advanced, paid and furnished to and for bim, and for bis use and benefit, at bis special instance and request, and for labor and services performed for bim at bis like request, particulars of wbicb were set out in an itemized account filed with tbe petition, and it was alleged that each item of tbe account was just and reasonable. Tbe itemized account which was filed with tbe petition covers 17 pages of tbe transcript.
In O’Connor & McCulloch v. Henderson Bridge Company, 95 Ky., 633, 16 Ky. Law Rep., 244, 27 S. W., 251, 983, this court held that as the ancient mode of trial by jury is, by section 7 of the Constitution, to be held sacred and the right thereof remain inviolate, subject to such modifications as may be authorized by the Constitution, section 10 of the Civil Code of Practice, which provides for the transfer of an action from the ordinary to the equity docket because of the peculiar questions involved, or because it involves accounts so complicated or such great detail of facts as to render it impracticable for a jury to intelligently try the case, adds nothing to the authority of the court to try an action in equity. But it was held in that case that section 7 of the Constitution was not intended to be so strictly construed as to prevent in any case the due and proper administration of justice; that courts of equity have for a long time necessarily had jurisdiction in all cases of mutual accounts, upon the ground of the inadequacy of the remedy at law; that in a complicated account a court of law would he incompetent to examine it before a
The defendant, moreover, testified that certain items of the account were paid by. the plaintiff out of money
The plaintiff ordered for the appeal a partial transcript of the record, and the defendant then ordered the clerk to copy the remainder of it so as to make a complete transcript. The appellant has entered a motion that the cost of this additional record shall not be taxed. But either party was entitled to have a complete transcript of the record for the appeal. Appellant was not compelled to file an assignment of errors, and, therefore, the appellee, not knowing what ground of reversal might be relied on, had the right to have the entire record copied so as to take no chances. The motion that appellee shall be taxed with the cost of the additional record is overruled.
On the merits of the case, we see no reason for disturbing the chancellor’s judgment confirming the report of the commissioner.
Judgment affirmed,