Stephens v. Miller
Court of Appeals of Kentucky
Case 10 — ORDINARY— APPEAL PROM WARREN CIRCUIT COURT. 'The Warren quarterly court had no jurisdiction of the appeal, and its judgment was void. The remedy sought by appellees upon the appeal bond is not authorized by the Code. Section 444 of the Code makes no provision for appeal bonds. (3 J. J. Mar., 377.) If will be observed that both of the objections of appellant are based upon purely technical grounds.
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Case 10 — ORDINARY— APPEAL PROM WARREN CIRCUIT COURT. 'The Warren quarterly court had no jurisdiction of the appeal, and its judgment was void. The remedy sought by appellees upon the appeal bond is not authorized by the Code. Section 444 of the Code makes no provision for appeal bonds. (3 J. J. Mar., 377.) If will be observed that both of the objections of appellant are based upon purely technical grounds. Although the Warren quarterly court had no jurisdiction, appellee took his appeal to it, and is con-eluded by the appeal. The Civil Code, section 444, authorizes the summary remedy by…
1Opinion of the Court
JUDGE HARGIS
delivered tiie opinion of tiie court.
Runner sued the Millers in the justice’s court, and judgment having been rendered against him for costs, he executed bond, with appellant as surety, conditioned to perform the judgment of the court, and prosecuted an appeal to the quarterly court, where judgment was again rendered against him for costs.
After execution and return of “no property 'found ” against Runner, the appellees, upon notice and motion in the quarterly court, obtained judgment against the appellant as surety on the appeal bond for the amount of the unpaid judgment against…
2Cases cited2 opinions
- Stevenson v. MillerCourt of Appeals of Kentucky · 1822
- Goins v. AllenCourt of Appeals of Kentucky · 1868
3Cited by7 opinions
- Maryland Casualty Company v. MarshallCourt of Appeals of Kentucky (pre-1976) · 1928
- Morin v. WellsMontana Supreme Court · 1904
- Janin v. LoganCourt of Appeals of Kentucky (pre-1976) · 1925
- Labell v. CampbellSupreme Court of Florida · 1930
- Bortree v. DunkinWyoming Supreme Court · 1912
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