American Accident Co. v. Reigart
Court of Appeals of Kentucky
Case 27 — MOTION— APPEAL PROM MASON CIRCUIT COURT. The appeal being “improperly granted” appellee is entitled to its dis- • missal with damages. Appellant, having voluntarily executed the bond and had supprsedeas issued, ought not to be heard to say the bond is void. (Civil Code, secs. 734, 757 and 764; Hanna, &c., v. McKenzie, &c., 5 B. M., 316; Spooner v. Best’s Ex’r, 8 Ky.
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Case 27 — MOTION— APPEAL PROM MASON CIRCUIT COURT. The appeal being “improperly granted” appellee is entitled to its dis- • missal with damages. Appellant, having voluntarily executed the bond and had supprsedeas issued, ought not to be heard to say the bond is void. (Civil Code, secs. 734, 757 and 764; Hanna, &c., v. McKenzie, &c., 5 B. M., 316; Spooner v. Best’s Ex’r, 8 Ky. Law Rep., 186.) The order granting the appeal being void the supersedeas bond and supersedeas were also void, and, therefore, no damages should be awarded. (Civil Code, sec. 764; Freeman on Judgments, sec. 117; Wright v.…
1Opinion of the CourtChief Justice Holt
This is a motion to dismiss an appeal' with ten per cent, damages, upon the ground that it was improperly granted by the lower court.
The order allowing the appeal was made upon a motion entered at a term subsequent to the judgment, and to the order overruling the motion for a new trial. The Civil Code, section 734, provides, “ that an appeal shall be granted as a matter of right by the court rendering the judgment, on motion made during the term at lohich it is *143rendered, or thereafter by the clerk of this court.” Section 757 gives the right to the appellee when it appears from the record that…
2Cases cited2 opinions
- Wbright, Hardin & Hay v. WoolfolkCourt of Appeals of Kentucky · 1878
- City of Bowling Green v. ElrodCourt of Appeals of Kentucky · 1878
3Cited by12 opinions
- Browning v. Equitable Life Assur. Soc.Utah Supreme Court · 1938
- Klein v. Len H. Darling Co.Michigan Supreme Court · 1922
- Johnson v. Fidelity & Casualty Co.Michigan Supreme Court · 1915
- Frankamp v. Fordney HotelMichigan Supreme Court · 1923
- Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
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