Louisville Industrial School of Reform v. City of Louisville
Court of Appeals of Kentucky
Case 91 — MOTION FOR APPEAL — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. This court should, upon the record as it stands, docket this appeal. The-lower court can not, by refusing to grant an appeal, require the appellant to wait until the term has expired, and then have an appeal granted by the clerk of this court.
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Case 91 — MOTION FOR APPEAL — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. This court should, upon the record as it stands, docket this appeal. The-lower court can not, by refusing to grant an appeal, require the appellant to wait until the term has expired, and then have an appeal granted by the clerk of this court. The grant to this court, by tile-constitution, of appellate jurisdiction necessarily implies the grant of all powers necessary to the proper and complete exercise of such jurisdiction. (Constitution of Ky., art. 4, sec. 2, Gen. Stats., page 107 ;• Mitcheson’s adm’r v. Poster,…
1Opinion of the Court
CHIEF-JUSTICE LEWIS
delivered the opinion of the court.
April 20,1889, Louisville Industrial School of Reform, a corporation created by statute, commenced an action in the Louisville Law and Equity Court against City of Louisville and R. T. Scowden, the petition containing, ■substantially, the following statement of facts : That it is a charitable institution, organized for the purpose of receiving, taking care of and educating such minors as may be committed to its charge by legally constituted authorities, and has title and been for many years in the actual possession of about eighty-two…
2Cases cited1 opinion
- Mitcheson's adm'r v. FosterCourt of Appeals of Kentucky · 1860
3Cited by7 opinions
- Childers v. StephensonCourt of Appeals of Kentucky (pre-1976) · 1959
- In Re Appointment of the Clerk of the Court of AppealsCourt of Appeals of Kentucky (pre-1976) · 1957
- Pfister v. JohnsonSupreme Court of Oklahoma · 1935
- Casebolt v. ButlerCourt of Appeals of Kentucky · 1917
- Kelly v. ToneyCourt of Appeals of Kentucky · 1894
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