Legal Opinion

Louisville Railway Co. v. Wellington

Court of Appeals of Kentucky

Decided March 18, 1910Published

CASE 85 — ACTION BY ROSSA WELLINGTON AGAINST THE LOUISVILLE RAILWAY COMPANY. — Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Walter P. Lincoln, Judge. Judgment for plaintiff, defendant appeals. —

1Opinion

Opinion op the Court by

Commissioner Clay.

Rehearing granted. Order of reversal vacated and judgment affirmed.

Upon reconsideration, we conclude that we were in error in holding that appellee’s failure to object *727to tlie filing of the bill of exceptions, or to make a motion to strike out the bill of exceptions, was a waiver of tlie error of the court in permitting the bill of exceptions to be filed after the expiration of 60 days. This is not a case where the party complaining that the bill of exceptions was not filed in time was present in court when an extension of time was granted, or the bill…

2Cases cited14 opinions

  1. Vertrees v. HeadCourt of Appeals of Kentucky · 1910
  2. Irwin v. IrwinCourt of Appeals of Kentucky · 1899
  3. Long v. HughesCourt of Appeals of Kentucky · 1864
  4. Newton v. OgdenCourt of Appeals of Kentucky · 1907
  5. Commonwealth v. SheltonCourt of Appeals of Kentucky · 1896

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