Duff v. Duff
Court of Appeals of Kentucky
-Case 48 — MOTION APPEAL FROM PERRY CIRCUIT COURT. I. The act fixing -the limitation on appeals in will cases at one year is in conflict with the 5th clause of sec. 59 of the Constitution. City of Frankfort v. Scott, 101 Ky., 615. 1. The judgment of the circuit -court was rendered on the 9th day of March, 1895, and the appehl was not taken until the 4th of February, 1897; under the express provisions of sec. 4850 of the-Ky.
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-Case 48 — MOTION APPEAL FROM PERRY CIRCUIT COURT. I. The act fixing -the limitation on appeals in will cases at one year is in conflict with the 5th clause of sec. 59 of the Constitution. City of Frankfort v. Scott, 101 Ky., 615. 1. The judgment of the circuit -court was rendered on the 9th day of March, 1895, and the appehl was not taken until the 4th of February, 1897; under the express provisions of sec. 4850 of the-Ky. Statutes only one year is allowed in which to prosecute an appeal from the circuit court to the -court of appeals in a will, contest. 5th Bush, 383; 14th Bush, 509.
1Opinion of the CourtChief Justice Lewis
Upon an appeal from an order of the Perry County-Court probating the will of Jno. A. Duff, judgment follow*349ing verdict of the jury, was, March 9, 1895, by the Perry Circuit Court, rendered, affirming that order.
But the appeal from that judgment was not brought to this court, until February 4, 1897. And now, a motion is made to dismiss the appeal, because it was not prosecuted within the time required by law.
Appellants, however, argue, that the appeal can not be dismissed on a mere motion, a formal plea of the statute of limitations being indispensable for that purpose. That position would be…
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