Legal Opinion

Nashville, C. & St. L. Ry. Co. v. Bean's Exr.

Court of Appeals of Kentucky

Decided April 17, 1908PublishedCited by 19 opinions

CASE 72. — ACTION BY W. A. BEAN’S EXECUTOR AGAINST THE NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY CO. — Appeal from Marshall Circuit Court. W. M. Need, Circuit Judge. Judgment for plaintiff, defendant appeals —

1Opinion of the Court

Opinion op the Court by

Chiep Justice O’Rear.

Appellee recovered a judgment for money against appellant. Without superseding the judgment, appellant has prosecuted this appeal.

*759Appellee having caused an execution to issue upon the judgment and to he levied upon certain of appellant’s property, the latter replevied the judgment by executing bond as authorized by sections 1667-1669, Ky. St. 1903. The judgment was replevied after the appeal was granted and transcript filed in this court. Appellee has filed an answer in bar of the appeal, based upon section' 757 of the Civil Code of Practice, which…

2Cases cited2 opinions

  1. Kellar v. WilliamsCourt of Appeals of Kentucky · 1874
  2. Elbridge v. Wilson's Admr.Court of Appeals of Kentucky · 1883

3Cited by19 opinions

  1. Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
  2. Franzen v. DubinokCourt of Appeals of Maryland · 1981
  3. Ricketts v. J. G. McCrory Co.Supreme Court of Virginia · 1924
  4. Hartke v. AbbottCalifornia Court of Appeal · 1930
  5. Ohio River Contract Co. v. PennybacherCourt of Appeals of Kentucky · 1916

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