Doherty v. First National Bank

Opinion op the Court by

Chief Justice Hobson

Overruling motion to dismiss appeal.

When this case was heretofore in this court, it was held that the circuit court should have instructed the jury peremptorily to find for the plaintiff. (First National Bank v. Doherty, 156 Ky., 386.) Upon the return of the case to the circuit court, another trial was had, at the conclusion of which the court instructed the jury to find for the plaintiff; and the defendant’s motion for a new trial having been overruled, the defendant prayed an appeal to this court which was granted; he paid and did not supersede the…