Roemele v. Schmidt
Court of Appeals of Kentucky
CASE 45 — ACTION BETWEEN OTT'OE R'OEMELE AND FERDINAND SCHMIDT ON MOTION TO DISMISS AN APPEAL GRANTED IN THE LOWER COURT Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Walter P. Lincoln,-Judge.
1Opinion of the Court
Opinion of the Court by
Chief Justice Barker—
The appellee has entered a motion in this case to dismiss the appeal granted by the court below because of the failure of the appellant to file the transcript within the time prescribed by law. It is true the trial court granted what on its face purports to be an appeal; but at the time the order was entered the court had lost jurisdiction to entertain it. Section 734 of the Civil Code of Practice provides that an appeal shall be granted, as a matter of right, by the *337court rendering the judgment, on motion made during the term at which it is…
2Cases cited2 opinions
- American Accident Co. v. ReigartCourt of Appeals of Kentucky · 1891
- Wbright, Hardin & Hay v. WoolfolkCourt of Appeals of Kentucky · 1878
3Cited by3 opinions
- Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
- Thompson v. PorterCourt of Appeals of Kentucky · 1919
- Wermeling v. WermelingCourt of Appeals of Kentucky · 1928