Legal Opinion

Hopkins v. Hopkins' Adm'r

Court of Appeals of Kentucky

Decided March 7, 1891PublishedCited by 6 opinions

Case 59 —MOTION— APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. The judgment must be revived'in the lower court before it can be appealed from.

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Case 59 —MOTION— APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. The judgment must be revived'in the lower court before it can be appealed from. (Morgan v. Winn, 17 B. M., 244; Venable v. Smith, 1 Duv., 195; Huston v. Duncan, 1 Bush, 207; Holeman v. Holeman, 2 Bush, 518; Burges v. Brown, 5 Bush, 537; Huey v. Reddens, 3 Dana, 488; Williams, Receiver, v. Thompson, 80 Hy., 329; Civil Code, secs. 407, 767.) An appeal may be taken against the administrator of a dead man by having him regularly summoned on the appeal. A revivor of the judgment is not necessary. (Spalding v. Wathen, 7 Bush, 659; Hayden…

1Opinion of the CourtChief Justice Holt

The judgment in this case was rendered on February 10, 1890. It was in favor of W. W. Hopkins, who was a defendant. He died September 5, 1890. No appeal was asked or granted in the lower court, and at the time of his death there was no action pending either in this or the lower court.

His administrator was appointed on December 5, 1890, and the appellants, who were plaintiffs below, sued out an appeal in this court on December 9, 1890, making the administrator an appellee.

These facts are properly shown by the record now before us. The administrator now moves to dismiss the appeal upon the…

2Cases cited2 opinions

  1. Spalding v. WathenCourt of Appeals of Kentucky · 1870
  2. Williams v. ThompsonCourt of Appeals of Kentucky · 1882

3Cited by6 opinions

  1. Hamilton v. City of New HavenSupreme Court of Connecticut · 1909
  2. Rouse v. Craig Realty Co.Court of Appeals of Kentucky · 1924
  3. Deppen v. Immohr's Ex'rCourt of Appeals of Kentucky · 1905
  4. Buchanan v. Boyd's ExorCourt of Appeals of Kentucky · 1909
  5. Gillespie's Executors v. HowardCourt of Appeals of Kentucky (pre-1976) · 1927

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