Powers v. Louisville Trust Co.

Opinion op the Court by

Stanley, Commissioner

Affirming.

The judgment appealed from is ambiguous. It is as follows:

“On motion of the plaintiff, by counsel, and in writing filed, and the plaintiff having declined to plead further, it is ordered by the court that the plaintiff’s petition be dismissed and the plaintiff is hereby granted an appeal to the Court of Appeals which is hereby granted.”

It would seem that the petition was dismissed on plaintiff’s motion, in which event, of course, she has no right of appeal. The judgment, however, may be construed also as having been rendered on the…