Henderson & Nashville Railroad v. Dickerson
Court of Appeals of Kentucky
Case 22. APPEAL FROM TODD CIRCUIT. Ord. Pet. This case was before this court heretofore, on appeal by the same party, when it was dismissed because the appeal was not taken in time. Subsequently the legislature passed another act extending the time for appeals in such cases, (Session Acts, page 67, of 1855-6,) and the case has again been brought up. It is not deemed necessary to discuss the validity of this latter act. It interferes with no vested right of the appellee.
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Case 22. APPEAL FROM TODD CIRCUIT. Ord. Pet. This case was before this court heretofore, on appeal by the same party, when it was dismissed because the appeal was not taken in time. Subsequently the legislature passed another act extending the time for appeals in such cases, (Session Acts, page 67, of 1855-6,) and the case has again been brought up. It is not deemed necessary to discuss the validity of this latter act. It interferes with no vested right of the appellee. The commissioners appointed in the first instance, under the act of incorporation, made a. report allowing to the appellee…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court:
The appellee obtained a judgment against the appellants, for the injury he had sustained by the passage through his land of the railroad which they were constructing. The appellants being dissatisfied with the judgment he had recovered against them, brought the case to this court to reverse it. Their appeal was, however, dismissed upon the ground that it was not authorized by their charter. Afterwards, by an act of the legislature passed at the session 1855-6, (Session Acts, p. 67,) the act incorporating the Hender.son and Nashville Railroad…
2Cases cited2 opinions
- Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
- Rice v. Danville, Lancaster & Nicholasville Turnpike Road Co.Court of Appeals of Kentucky · 1838
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