|Court of Appeals of Kentucky.|
|CRAIG v. WELSH-HACKLEY COAL & OIL CO.|
|Feb. 26, 1904.|
Appeal from Circuit Court, Knox County.
"Not to be officially reported."
Suit by Sarah F. Craig against the Welsh-Hackley Coal & Oil Company.
From an order overruling a motion for the filing of an amended petition, plaintiff appeals.
The appellant sued appellee in the Knox circuit court. The court sustained a demurrer to the petition, and dismissed it. An appeal was prosecuted to this court, and the judgment was affirmed. Afterwards appellant moved to redocket the case, and tendered and offered to file an amended petition, and the court overruled both motions. Complaint is made of that action of the court.
When the lower court dismissed the petition and adjourned for the term, it had no control over the judgment. It had no jurisdiction to disturb it, except in a direct proceeding (if at all) for a new trial. This was not sought. At the time the motions were made, the judgment was in full force and effect. The action was not pending in court, as it had been dismissed. The petition had lost its efficacy, and did not exist for amendment, as the action in which it was filed as the initial step was no longer pending. An amended petition can only be filed in a pending action or proceeding.
The judgment is affirmed.
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