Sandy River Cannel Coal Co. v. Caudell
Court of Appeals of Kentucky
Case 28 — Petition to Vacate and Modify Judgment Dismissing Appeal — APPEAL FROM JOHNSON CIRCUIT COURT. Petition Filed by Appellant to Vacate the Judgment of this Court Rendered on April 27, 1899, Dismissing the Appeal and Awarding Damages Thereon.
1Opinion of the Court
Opinion of the court by
JUDGE HAZELRIGG
overruling petition AND MOTION.
When the appellant fails, to file the transcript “twenty days before the first day of the second term of the court next after the granting of the appeal, unless the court extend the time, as for good cause shown the court may do.’’ (Civ. Code, section 738), the “appeal shall be dismissed” *198(section 740). When it appears of record that the time has passed within which the transcript is (required to be filed, and no extension of time has been granted, the appeal will be dismissed, on motion, without notice. In this case the…
2Cited by7 opinions
- Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
- Edleson v. EdlesonCourt of Appeals of Kentucky · 1917
- Lion Coal Co. v. ContasWyoming Supreme Court · 1930
- Commonwealth v. BrewerCourt of Appeals of Kentucky · 1902
- McCormick v. JonesCourt of Appeals of Kentucky · 1919
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