Louisville & Nashville R. R. v. Turner
Court of Appeals of Kentucky
Case 77 — MOTION APPEAL EROM EDMONSON CIRCUIT COURT. UPON MOTION TO STRIKE OUT BILL OE EXCEPTIONS EROM THE RECORD. 1. The record does not show that the bill of exceptions was filed on or before the third day of the succeeding term. 2. The court had no power to further extend the time for filing it after ■ having once extended it. AGAINST THE MOTION. We file the affidavit of Jno.
Read the full summary
Case 77 — MOTION APPEAL EROM EDMONSON CIRCUIT COURT. UPON MOTION TO STRIKE OUT BILL OE EXCEPTIONS EROM THE RECORD. 1. The record does not show that the bill of exceptions was filed on or before the third day of the succeeding term. 2. The court had no power to further extend the time for filing it after ■ having once extended it. AGAINST THE MOTION. We file the affidavit of Jno. M. Porter showing that the extensions were- • made with the express consent of the leading counsel for appellee; that he was actually instrumental in having the order of extension made.
1Opinion of the Court
CHIEE JUSTICE HARGIS
delivered the opinion of tiie court.
The appellant was given time until the third day of the term succeeding that in which the verdict and judgment were rendered, to prepare, present and file a bill of exceptions.
No notice was taken of the subject, or order made or asked for, extending the time to present and file the bill of exceptions until after the expiration of the third day of the term mentioned.
On the fourth day of the term an order was made extending the time until the eighth day of the term to prepare and file the bill, and, after another extension, it was offered…
2Cases cited2 opinions
- Smith v. BlakemanCourt of Appeals of Kentucky · 1871
- Meadows v. CampbellCourt of Appeals of Kentucky · 1866
3Cited by9 opinions
- Ray v. ArmstrongCourt of Appeals of Kentucky · 1910
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
- Newport News, Co. v. ThomasCourt of Appeals of Kentucky · 1895
- Conway v. Smith Mercantile Co.Wyoming Supreme Court · 1896
- Bullitt County v. Gallon Iron Works & Manufacturing Co.Court of Appeals of Kentucky · 1921
4 more not listed; retrieve them via the Exa API.