United States Fidelity & Guaranty Co. v. Citizens National Bank

Opinion ■ of the Court by

Chief Justice Hobson—

Overruling motion.

Section 764 of the Civil Code provides:

“Upon the affirmance of, or the dismissal of an appeal from a judgment for the payment of money, the collection of which, in whole or part, has been 'superseded, ■as provided in Chapter 2 of this title, 10 per cent damages on the amount superseded shall be awarded against the appellant. ’ ’

On May 20, 1910, the Citizens National Rank of Monticello, Kentucky, recovered a judgment against the United States Fidelity and Guaranty Company in the Wayne Circuit Court for $15,000. The company then…