Lloyd v. Matthews
Court of Appeals of Kentucky
Case 57 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. Whei-e a case is reversed in the Court of Appeals and sent back for a new trial or other proceedings, no new trial can be had nor judgment entered to conform to the mandate of the Court of Appeals, unless the mandate is filed in the lower court and notice given thereof ten days before the beginning of the term. (Civil Code, sec. 761, sub-sec. 2.} Brief not in record.
1Opinion of the Court
CHIEP JUSTICE HOLT
delivered the opinion of the court.
This is a contest between the appellant and the appellee as to the ownership of some stock in a loan association. The lower court gave it to the appellant.
This court on February 27, 1890, reversed the judgment, and by its mandate, issued April 27,1890, directed a judgment to be rendered below in conformity to its opinion, which declared that the appellee was entitled to the stock. (Matthews, &c., v. Lloyd, Trustee, &c., 89 Ky., 625.)
The mandate and opinion were filed in the lower court at its May term (May 7), 1890, and on the same day the…
2Cases cited2 opinions
- Baker v. BakerCourt of Appeals of Kentucky · 1888
- Matthews v. LloydCourt of Appeals of Kentucky · 1890
3Cited by4 opinions
- Garnett v. OliverCourt of Appeals of Kentucky (pre-1976) · 1931
- Towne v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1898
- Drovers' & Mechanics' Nat. Bank v. Northern Coal & Coke Co.Court of Appeals of Kentucky · 1909
- Johnson's Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky (pre-1976) · 1928