Legal Opinion

Smith v. Western Union Telegraph Co.

Court of Appeals of Kentucky

Decided October 10, 1885PublishedCited by 7 opinions

Case 40 — MOTION— APPEAL PROM LOUISVILLE CHANCERY COURT. If a final judgment dissolves an injunction and dismisses the action, the injunction is continued in force by appeal and supersedeas. (Talbott v. Morton, &c., 5 Litt., 326; Yocum v. Moore, 4 Bibb, 221; Steele v. Wilson, 9 Bush, 699; Civil Code, sections 747, 752; Whitehead v. Booram, 8 Bush, 400; Johnson v. Williams, 5 Ky.

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Case 40 — MOTION— APPEAL PROM LOUISVILLE CHANCERY COURT. If a final judgment dissolves an injunction and dismisses the action, the injunction is continued in force by appeal and supersedeas. (Talbott v. Morton, &c., 5 Litt., 326; Yocum v. Moore, 4 Bibb, 221; Steele v. Wilson, 9 Bush, 699; Civil Code, sections 747, 752; Whitehead v. Booram, 8 Bush, 400; Johnson v. Williams, 5 Ky. Law Hep., 733; Hutchcraft’s Ex’r v. Gentry, &c., 2 J. J. Mar., 500; Runyan v. Bennett, 4 Dana, 598; Turner v. Scott, 5 Ban., 332; Penrice v. Wallace, 37 Miss., .172; Brersler v. McOune, 56 111., 477; Williams v.…

1Opinion of the Court

JUDGE PKYOE

delivered the opinion oe the court.

The appellant filed his petition and obtained an injunction against the appellee, that on the final hearing was dissolved and the action dismissed.

An appeal was prosecuted to this court with a supersedeas bond executed, and the order of supersedeas served.

It is insisted by counsel for the appellant that the execution of the supersedeas bond left the injunction in full force, and alleging that the appelleehad been guilty of violating that order, a rule was-awarded by this court against the appellee to show cause why it should not be punished for…

2Cases cited1 opinion

  1. Yocum v. MooreCourt of Appeals of Kentucky · 1815

3Cited by7 opinions

  1. Ford v. StateCourt of Appeals of Texas · 1919
  2. State v. . JacobsSupreme Court of North Carolina · 1890
  3. Stratton & Terstegge Co. v. MeriwetherCourt of Appeals of Kentucky · 1912
  4. Hazelrigg v. DouglassCourt of Appeals of Kentucky · 1907
  5. Kentucky & Indiana Bridge Co. v. KriegerCourt of Appeals of Kentucky · 1891

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