Torbitt v. Middlesboro Grocery Co.

Opinion op the Court by

Chief Justice Hobson—

Sustaining Mbtion.

The judgment here appealed from was rendered June 30,1911, and the appeal was then granted. On December 11, 1911, the appellee had an execution issued on the judgment, no supersedeas having been taken out. The time for filing the transcript in this court expired on December 12, 1911. On January 11, 1912, at the instance of appellants the clerk of the Bell Circuit-Court *344accepted a supersedeas bond and issued a supersedeas thereon. Thereafter at this term of the court, an order was entered by this court, dismissing the appeal…