Cavanaugh v. Britt
Court of Appeals of Kentucky
Case 45 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. By the supersedeas bond and writ the plaintiff was not enjoined from doing any act necessary to save any right or benefit to which be was entitled, and the time during which the judgment was superseded is to be estimated as a part of the period of limitation.
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Case 45 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. By the supersedeas bond and writ the plaintiff was not enjoined from doing any act necessary to save any right or benefit to which be was entitled, and the time during which the judgment was superseded is to be estimated as a part of the period of limitation. (Johnson v. "Williams, 82 Ky., 46; Stengel v. Preston, MS. Op., January term, 1890.) Section 21 of article 4, chapter 71, of the General Statutes, has no application to this case. That statute was intended to protect a present vested “right” or “benefit” in the…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellee, Joseph Britt, obtained a judgment in the Jefferson Court of Common Pleas on May 1, 1872, against John Cavanaugh, the husband of the a.ppe'1*275lee, Catharine Cavanangh. An appeal was taken to this court, and the judgment' superseded. The appeal was dismissed in 1878. The mandate of this court was filed in the lower court on April 6, 1878, an execution sued out upon the judgment, and returned “no property” on May 2, 1878. November 5, 1873, the husband made a conveyance of all his property to the appellant. It was a sweeping transfer.…
2Cases cited4 opinions
- Woods v. JamesCourt of Appeals of Kentucky · 1888
- Dye v. HollandCourt of Appeals of Kentucky · 1868
- Johnson v. WilliamsCourt of Appeals of Kentucky · 1884
- Phillips v. ShippCourt of Appeals of Kentucky · 1883
3Cited by13 opinions
- Yager's Adm'r v. President of Bank of KentuckyCourt of Appeals of Kentucky · 1907
- Hancock v. ChapmanCourt of Appeals of Kentucky · 1916
- Swinebroad v. WoodCourt of Appeals of Kentucky · 1906
- Elkhorn Coal Corporation v. HiteCourt of Appeals of Kentucky (pre-1976) · 1928
- Graham's Administrator v. EnglishCourt of Appeals of Kentucky · 1914
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