Bridges v. McAlister
Court of Appeals of Kentucky
Case 100 — ACTION FOR DAMAGES FOR TRESPASS APPEAL FROM DAVIESS CIRCUIT COURT. 1. A judgment, though subsequently reversed for error, furnishes full protection for all acts done under it in enforcing it, prior to its reversal. Freeman on Judgments, secs. 482, 104b; Black on Judgments, secs. 355, 170; Simpson v. Horn-beck, 3 Lansing, 53; Clark v. Pinney, 6 Cowen, 297; Allen v. Huntington, 16 Am.
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Case 100 — ACTION FOR DAMAGES FOR TRESPASS APPEAL FROM DAVIESS CIRCUIT COURT. 1. A judgment, though subsequently reversed for error, furnishes full protection for all acts done under it in enforcing it, prior to its reversal. Freeman on Judgments, secs. 482, 104b; Black on Judgments, secs. 355, 170; Simpson v. Horn-beck, 3 Lansing, 53; Clark v. Pinney, 6 Cowen, 297; Allen v. Huntington, 16 Am. Dec., 702; Kaye v. Kean, 18 B. M., 847; Clark v. Rhodes, 12 Bush, 16. 2. Judgments are conclusive on -not only the parties to the record but also on all who are in privity, and on the master where the…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of the court. •
Appellants and appellee own neighboring farms. Between their lands there was a ridge, which prevented the water falling on appellee’s land from flowing down naturally over appellants’ land. Both farms lie in a very level section, where there is difficulty about drainage. Some years ago the owners of the land above the ridge, and some of those below, united in an undertaking to cut a ditch in a southerly direction, through the ridge, to Panther creek, *794for the purpose of draining all their land. The ditch was cut through the ridge, but, for want…
2Cases cited14 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Barney v. Winona & St. Peter RailroadSupreme Court of the United States · 1886
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Hill v. BainSupreme Court of Rhode Island · 1885
- O'Brian v. CommonwealthCourt of Appeals of Kentucky · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- Berthold-Jennings Lumber Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1935
- North Carolina Railroad v. StorySupreme Court of the United States · 1925
- Piney Oil & Gas Co. v. ScottCourt of Appeals of Kentucky (pre-1976) · 1934
- State Ex Rel. Montgomery v. MerrillSupreme Court of Alabama · 1928
37 more not listed; retrieve them via the Exa API.