Bush v. Lisle
Court of Appeals of Kentucky
Case 66 — MOTION APPEAL FROM CLARK CIRCUIT COURT. 1. The appellant is not required to file a perfect and complete transcript within the time allowed by section 738 of the Code, upon pain of having his appeal dismissed. If the transcript be not complete, the court will affirm the judgment if it be possible for the omitted portion of the transcript to sustain the judgment, or upon the application of either party will require the omitted portion to be brought up by certiorari.
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Case 66 — MOTION APPEAL FROM CLARK CIRCUIT COURT. 1. The appellant is not required to file a perfect and complete transcript within the time allowed by section 738 of the Code, upon pain of having his appeal dismissed. If the transcript be not complete, the court will affirm the judgment if it be possible for the omitted portion of the transcript to sustain the judgment, or upon the application of either party will require the omitted portion to be brought up by certiorari. (Brockle v. Brockle, 7 Ky. Law Bep., 7G0; Smith v. Walton, 3 Bibb, 156; Violett v. Waters, 1 J. J. M., 304;' Civil Code,…
1Opinion of the CourtChief Justice Pryor
Section 738 of tile Code provides: “The appellant shall file the transcript in the office of the Clerk of the Court of Appeals at least twenty'days before the first day of the second term of said court next after the *506granting of the appeal, unless the court extend the time, as for cause shown the court may do.”
The penalty for failing to file the transcript is the dismissal of the appeal. (Sec. 740, Civil Code.)
In the case before us, the appellant obtained a transcript of the record in the court below, and filed it in this court in a few months after the appeal was granted. The record as filed…
2Cases cited1 opinion
- Suggett v. Bank of KentuckyCourt of Appeals of Kentucky · 1839
3Cited by7 opinions
- Big Sandy Ry. Co. v. DilsCourt of Appeals of Kentucky · 1905
- Cline v. ClineCourt of Appeals of Kentucky · 1923
- Hays v. JenkinsCourt of Appeals of Kentucky · 1921
- Bauer v. Alcoholic Beverage Control BoardCourt of Appeals of Kentucky (pre-1976) · 1959
- Williamson v. MaynardCourt of Appeals of Kentucky · 1909
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