Legal Opinion

Patterson v. Davis

Court of Appeals of Kentucky

Decided October 28, 1902PublishedCited by 6 opinions

Case 10 — Election Contest for County Attorney. — October 28. APPEAL FROM BELL CIRCUIT COURT. Judgment Dismissing Contestant’s Appeal.

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Case 10 — Election Contest for County Attorney. — October 28. APPEAL FROM BELL CIRCUIT COURT. Judgment Dismissing Contestant’s Appeal. We contend: 1. That section 12, of chapter 5, of the Acts of the General Assembly, passed at the extraordinary session 1900, does not require that appellant should execute a bond for costs in the circuit court within thirty days after final judgment of the circuit court. .Said section simply provides that bond shall be executed in the circuit court with good security conditioned for the payment of all costs and damages the other party may sustain by reason of…

1Opinion of the Court

Opinion or the court by

JUDGE WHITE.

This is an appeal in a contested election case over the office of county attorney of Bell county. Appellee made a motion to dismiss the appeal because of failure of appellant to execute, within 30 days after the-judgment, a bond to the circuit court, as required by the following provision of section 12 of the election act of 1900, viz.: “Either party may appeal from the judgment of the circuit court to the court of appeals by giving bond to the clerk of the circuit court, with good surety, conflitioned for the payment of all costs and damages the other party…

2Cited by6 opinions

  1. Galloway v. BradburnCourt of Appeals of Kentucky · 1904
  2. Kash v. StrongCourt of Appeals of Kentucky · 1915
  3. Milliken v. HatterCourt of Appeals of Kentucky · 1917
  4. Smith v. JohnsonCourt of Appeals of Kentucky · 1914
  5. Barker v. BlankenshipCourt of Appeals of Kentucky (pre-1976) · 1937

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