Reed v. Lander

delivered tiie opinion of the court:

Appellee having recovered a judgment for money against appellant in the Bourbon circuit court, prayed and obtained an appeal, and executed before the clerk of said court an appeal bond; but did not sue out from said clerk’s office, or from the clerk of this court, a supersedeas. The judgment having been affirmed, ten per cent, damages was awarded by this court; whereupon a rule was sued out by appellant against appellee, to show cause why this judgment as to damages should not be set aside, because a supersedeas had never been sued o.ut. Said rule has been…