Legal Opinion

Harris v. Ballantine

Court of Appeals of Kentucky

Decided December 8, 1967Published

1Opinion of the Court

WADDILL, Commissioner.

Petitioner, in effect, seeks an order from this court preventing the collection of a judgment entered against her upon a super-sedeas bond she had executed as surety on the attempted appeal of an order entered in the case of Edward J. Miller & Son, Inc. v. George K. Harris, pending in the Jefferson Circuit Court. We conclude that the judgment should not have been entered against her since it is based upon a clerical misprision appearing in the mandate issued by this court dismissing the abortive appeal of the order entered in Miller v. Harris.

Originally this litigation…

2Cases cited2 opinions

  1. Crook v. SchumannCourt of Appeals of Kentucky (pre-1976) · 1942
  2. Steely v. HancockCourt of Appeals of Kentucky · 1958

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