Davis v. Connolly
Court of Appeals of Kentucky
Case 10 — MOTION TO CONTINUE AN INJUNCTION PENDING - AN APPEAL APPEAL PROM PIKE CIRCUIT COURT. The plaintiff has been in the continued control and management of the ferry without interruption for a period exceeding ten years. During all this time she has maintained it at large expense.
Read the full summary
Case 10 — MOTION TO CONTINUE AN INJUNCTION PENDING - AN APPEAL APPEAL PROM PIKE CIRCUIT COURT. The plaintiff has been in the continued control and management of the ferry without interruption for a period exceeding ten years. During all this time she has maintained it at large expense. The county court has a right to require a new bond to be executed or to value the franchise by proper proceedings, but this is a matter which does not concern the defendant, and the status should have been maintained, as it existed prior to the final hearing. Citations: Owens v. Roberts, 6 Bush, 608; Montgomery…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
Where an injunction has been dissolved on final hearing, the plaintiff is entitled, under section 747 of the Civil Code, to move the trial court for an order continuing the order of injunction, notwithstanding the final order, pending the appeal. And the order on that motion, whether it be one granting the relief sought, or be a mere refusal to act, is subject to revision by this court on application, made as provided in said section. This was determined in case of King v. Tilford, 18 Ky. Law Rep., 978 [38 S. W. 888]. It appears in this casé…
2Cases cited1 opinion
- King v. TilfordCourt of Appeals of Kentucky · 1897
3Cited by2 opinions
- Dailey v. Lexington & Eastern Railway Co.Court of Appeals of Kentucky · 1918
- Hatten v. TurmanCourt of Appeals of Kentucky · 1906