Louisville & Nashville Railroad v. Brice
Court of Appeals of Kentucky
Case 31 — MOTION— APPEAL EROM CHRISTIAN CIRCUIT COURT. Cited, in support of motion, Civil Code, section 737, subsection 4; Haw- ■ thorne v. McArthur, 7 Ky. Law Rep., 39. 1. Since the repeal of so much of the Code as required errors to be-assigned, the failure to file a schedule is not ground for dismissal where the appellant has brought up the entire record. 2. It is in the discretion of the court as to whether or not it will dismiss for the failure to file a schedule.
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Case 31 — MOTION— APPEAL EROM CHRISTIAN CIRCUIT COURT. Cited, in support of motion, Civil Code, section 737, subsection 4; Haw- ■ thorne v. McArthur, 7 Ky. Law Rep., 39. 1. Since the repeal of so much of the Code as required errors to be-assigned, the failure to file a schedule is not ground for dismissal where the appellant has brought up the entire record. 2. It is in the discretion of the court as to whether or not it will dismiss for the failure to file a schedule. (Civil Code, section 737,, subsection 4; Ibid., section 740.)
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
The question of practice to be determined in this; case arises from a motion, made by the appellee,. Brice, to dismiss the appeal of the railroad company, becanse it failed to file with the clerk .of the-inferior court a schedule, showing what part of the-, *211record it desired for this Court, within ninety day® after the granting of the appeal.
The act of the Legislature of April 4, 1884, repealed so much of the Code of Practice as required an assignment of errors. Prior to this repealing act-the appellant was required, within ninety days after the…
2Cited by5 opinions
- Dalton v. DaltonCourt of Appeals of Kentucky · 1911
- Ward v. VanhooseCourt of Appeals of Kentucky (pre-1976) · 1927
- Clevinger v. NunneryCourt of Appeals of Kentucky · 1910
- Stidham v. Lee CountyCourt of Appeals of Kentucky · 1912
- Tapp v. SellarsCourt of Appeals of Kentucky (pre-1976) · 1941