Dulaney v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
Case 87 — PETITIONS EQUITY APPEALS FROM JEFFERSON CIRCUIT. COURT, CHANCERY DIVISION. 1. The appeal granted in the Dulaney case on October 18, 1893, from the judgment entered August 21, 1893, was in time and is a valid appeal, notwithstanding the court below entered the judgment of August 21, 1893, “ nunc pro tunc as of March 30, 1883.” Entering a judgment nunc pro tunc does not affect the right of appeal. Ky. Code, secs. 390, 392, 393, 368, 374; Ky.
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Case 87 — PETITIONS EQUITY APPEALS FROM JEFFERSON CIRCUIT. COURT, CHANCERY DIVISION. 1. The appeal granted in the Dulaney case on October 18, 1893, from the judgment entered August 21, 1893, was in time and is a valid appeal, notwithstanding the court below entered the judgment of August 21, 1893, “ nunc pro tunc as of March 30, 1883.” Entering a judgment nunc pro tunc does not affect the right of appeal. Ky. Code, secs. 390, 392, 393, 368, 374; Ky. Stats., sec. 378; Johnson v. Com., 80 Ky., 377; Rubber v. Goodyear, 6 Wallace, 153; Coon v. Grand Lodge, 76 Cal., 254; Rose Estate, 72 Cal., 577;…
1Opinion of the Court
JUDGE HAZELRIGG
delivebed the opinion or the coubt.
In 1882, the general council of the city of Louisville adopted an ordinance permitting the appellee, the ■Chesapeake, Ohio and South Western Railroad Company to construct and operate a railroad, with single or double track, along and over “A” street, through the city limits, and provided that all other railroads so desiring might use such tracks upon making proper arrangements therefor with that company. Thereupon the Louisville & Nashville Railroad Co. under a contract with the C., O. & S. W. Co. was about to construct such tracks when the…
2Cases cited7 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Fulton v. Short Route Railway Transfer Co.Court of Appeals of Kentucky · 1887
- Cornwall v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1888
- Newport & Cincinnati Bridge Co. v. FooteCourt of Appeals of Kentucky · 1872
- Corley v. LancasterCourt of Appeals of Kentucky · 1883
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