Elizabethtown, Railroad v. Ashland, Street Railway Co.
Court of Appeals of Kentucky
Case 83 — RULE— 1. The Kentuckyrule (whatever it may be elsewhere) is, that where a preliminary injunction is issued, and it is by the final judgment dissolved, and an appeal is prayed, and the final judgment is “ superseded,” the effect is to leave the preliminary injunction in full force pending the appeal. (Smith v. Western U. Tel.
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Case 83 — RULE— 1. The Kentuckyrule (whatever it may be elsewhere) is, that where a preliminary injunction is issued, and it is by the final judgment dissolved, and an appeal is prayed, and the final judgment is “ superseded,” the effect is to leave the preliminary injunction in full force pending the appeal. (Smith v. Western U. Tel. Co., 83 Ky., 279; K. & I. Bridge Co. v. Krieger, 91 Ky., 625.) 2. The fact that the court below, after dissolving the injunction and granting an appeal from that decision, went on to give the plaintiff twenty days’ time to apply to the appellate court for a…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the orriaoir of the court.
The appellant, desiring to prevent the appellee from crossing its track at grade at a point south-east of Ashland, Kentucky, on November 2, 1892, filed its petition in the Boyd Circuit Court, and obtained an injunction appropriate for the purpose sought. After filing its answer and counter-claim, and giving notice of motion to dissolve the injunction, the appellee filed a general demurrer to the petition. It was sustained, as was also the motion to dissolve. The plaintiff declining to amend or further plead, its petition was ■dismissed, and a…
2Cases cited2 opinions
- Pendergest v. HeekinCourt of Appeals of Kentucky · 1893
- Kentucky & Indiana Bridge Co. v. KriegerCourt of Appeals of Kentucky · 1891
3Cited by5 opinions
- Hanley v. MostWashington Supreme Court · 1941
- Bell's Trustee v. City of LexingtonCourt of Appeals of Kentucky · 1907
- Thompson v. HadenCourt of Appeals of Kentucky · 1917
- Bennett v. BlankenshipCourt of Appeals of Kentucky · 1917
- Hanley v. MostWashington Supreme Court · 1941