Louisville & Nashville R. R. v. Lucas' Adm'r
Court of Appeals of Kentucky
Case 46. — MOTION BY WM. B. LUCAS’ ADM’R, AGAINST LOUISVILLE & NASHVILLE R. R. CO. TO DISMISS APPEAL AND FO'R DAMAGES ON SUPERSEDEAS BOND.— Appeal from Woodford Circuit Court.
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Case 46. — MOTION BY WM. B. LUCAS’ ADM’R, AGAINST LOUISVILLE & NASHVILLE R. R. CO. TO DISMISS APPEAL AND FO'R DAMAGES ON SUPERSEDEAS BOND.— Appeal from Woodford Circuit Court. Motion made in Court of Appeals. 1. Our contention is that after the time to perfect the appeal granted by the lower court had expired, that that court lost all jurisdiction of the appeal, and any and all acts doné by it or by the clerk of that court are void. 2. The time to perfect the appeal from the lower court expired March 21, 1905, and from that time on the only court that had jurisdiction of the appeal was the…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Dismissing appeal.
Appellee recovered a judgment against appellant for the sum of $8,000 in the Woodford Circuit Court on October 29, 1904. Appellant filed grounds and moved the court for a new trial. On November 4th, the motion was overruled, and an appeal was granted to this court. On November 14th appellant executed a supersedeas bond, but the clerk failed to issue a supersedeas thereon until March 24, 1905.. The time for filing the transcript in the clerk’s office of this court expired on March 21, 1905, or three days before the supersedeas was issued. On…
2Cases cited1 opinion
- Jones v. GreenCourt of Appeals of Kentucky · 1876
3Cited by9 opinions
- Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
- Chicago, St. Louis & New Orleans Railroad v. Armstrong's AdministratorCourt of Appeals of Kentucky · 1916
- Edleson v. EdlesonCourt of Appeals of Kentucky · 1917
- Louisville & Nashville R. R. v. MillerCourt of Appeals of Kentucky · 1909
- Lion Coal Co. v. ContasWyoming Supreme Court · 1930
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