Schmidt v. Mitchell
Court of Appeals of Kentucky
Case 60 — MOTION APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The order appealed from is a final order and appealable. (Civil Code, sec. 368; City of Newport v. Newport Light Co., 92 Ky., 445.) 2. The clerk had a right to grant the appeal and issue the supersedeas.
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Case 60 — MOTION APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The order appealed from is a final order and appealable. (Civil Code, sec. 368; City of Newport v. Newport Light Co., 92 Ky., 445.) 2. The clerk had a right to grant the appeal and issue the supersedeas. (Civil Code, sec. 7á4; City of Newport v. Newport Light Co., 92 Ky., 445.) The case of Louisville Industrial School of Reform v. City of Louisville, 88 Ky., 584, explained. 3. Neither the court below nor any court except this court had the right to pass upon the validity of a supersedeas regular in form; and…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
On January 31, 1894, the appellant, Schmidt, filed in the office of the clerk of this court a copy of the judgment against him in the Jefferson Circuit Court, Law and Equity Division, in the case of John Mitchell, &c., v. The Oregon Gold Mining Company, &c., and was granted an appeal therefrom by the clerk, who also issued a supersedeas upon the execution by the appellant of the bond required by law.
The inferior court declining to stay proceedings upon the judgment appealed from, the appellant seeks a rule .against the judge of that court and…
2Cases cited4 opinions
- City of Newport v. Newport Light Co.Court of Appeals of Kentucky · 1891
- American Accident Co. v. ReigartCourt of Appeals of Kentucky · 1891
- Kelly v. ToneyCourt of Appeals of Kentucky · 1894
- Louisville Industrial School of Reform v. City of LouisvilleCourt of Appeals of Kentucky · 1889
3Cited by3 opinions
- Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
- Carr v. BrownfieldCourt of Appeals of Kentucky · 1953
- Wermeling v. WermelingCourt of Appeals of Kentucky · 1928