Legal Opinion
Nelson County v. City of Bardstown
Court of Appeals of Kentucky
Decided September 15, 1906PublishedCited by 3 opinions
Case 113. — MOTION BY ¡PLAINTIFF FOR DAMAGES ON A SUPERSEDEAS BOND — MOTION MADE IN APPELLATE COURT. — Motion Sustained.
1Opinion of the Court
Opinion by
Chief Justice Hobson
Sustaining.
On September 27,1906, this appeal was dismissed for want of jurisdiction, and on November 27th a motion was entered for damages on the supersedeas.
Damages will be awarded on a supersedeas, where the appeal is dismissed for want of jurisdiction. American Accident Company v. Slaughter, 101 Ky. 269, 19 Ky. Law Rep., 418, 40 S. W. 675. The failure to award damages when the appeal was dismissed was only a clerical error, and may be corrected on motion, as any other clerical error, although the time for filing the petition for rehearing has expired.
Where a…
2Cases cited1 opinion
- American Accident Co. v. SlaughterCourt of Appeals of Kentucky · 1897
3Cited by3 opinions
- Maryland Casualty Company v. MarshallCourt of Appeals of Kentucky (pre-1976) · 1928
- Cumberland Telephone & Telegraph Co. v. CurtissCourt of Appeals of Kentucky · 1912
- Illinois Central Railroad v. CommonwealthCourt of Appeals of Kentucky · 1911