Johnson v. Williams
Court of Appeals of Kentucky
Case 5 — SUPERSEDEAS APPEAL PROM CAMPBELL CHANCERY COURT. Appellee's action is not such an action as can be maintained upon a judgment of a court of this State. The only- action that can be maintained is an equitable action to enforce its satisfaction. (Davidson v. Simmons, 11 Bush, 330; Civil Code, sec. 750; lb., 759; 14 Bush, 339.)
1Opinion of the Court
JUDGE HINES
delivered the opinion op the court.
Appellee, having a judgment in the court below against appellant for some twenty-six hundred dollars, from which an appeal was taken to this court, the col*46.lection of the judgment suspended by supersedeas, brought the action at bar, sought and obtained an attachment against the property, of appellant.
The question is whether the court below properly ■ entertained the action. We are of the opinion that it ■ did not. On an appeal to this court the unsuccessful party in the court below may execute a supersedeas bond, with security satisfactory to the…
2Cited by10 opinions
- Cavanaugh v. BrittCourt of Appeals of Kentucky · 1890
- Barker v. Illinois Surety Co.Court of Appeals of Kentucky · 1916
- United States Banking Co. v. VealeSupreme Court of Kansas · 1911
- Big Sandy Commercial Bank v. SkaggsCourt of Appeals of Kentucky (pre-1976) · 1933
- Shields' Administrators v. ChesserCourt of Appeals of Kentucky · 1915
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