Brown v. Bennett
Court of Appeals of Kentucky
Case 85 — PETITION ORDINARY APPEAL FROM FULTON CIRCUIT COURT. 1. Actions on appeals irom inferior courts are begun by the execution of a supersedeas bond, and either the issuing of a summons, or the making of a warning order, and as all this must, under the statutes, be done within 60 days, there is no authority to do so after the expiration) of that time.
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Case 85 — PETITION ORDINARY APPEAL FROM FULTON CIRCUIT COURT. 1. Actions on appeals irom inferior courts are begun by the execution of a supersedeas bond, and either the issuing of a summons, or the making of a warning order, and as all this must, under the statutes, be done within 60 days, there is no authority to do so after the expiration) of that time. The motion to dismiss the appeal' should have been sustained because the summons was not issued until after the expiration of that time. 1st Bush, 129 and 435; 83 Kentucky, 404; 10 Bush, 96; 83 Kentucky, 149. 1. The bill of evidence and…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
On July 23, 1895, a judgment was obtained in the quarterly court of Fulton county by the appellant, Brown, against the appellee, Bennett. Thereupon the latter on September 3, 1895, prosecuted an appeal to the circuit court by executing the usual bond and causing a supersedeas to issue and also a summons for Brown. In the circuit court Brown appeared and moved the court to dismiss the appeal because the summons was not issued to the county of his residence within sixty days after the rendition of the judgment. His motion was overruled and upon…
2Cases cited2 opinions
- Helm v. CoffeyCourt of Appeals of Kentucky · 1882
- Jones's v. FinnellCourt of Appeals of Kentucky · 1871
3Cited by4 opinions
- Commonwealth v. BatesCourt of Appeals of Kentucky (pre-1976) · 1930
- Tarter, County Attorney v. PylesCourt of Appeals of Kentucky (pre-1976) · 1926
- Greer v. SpencerCourt of Appeals of Kentucky · 1881
- Buchanan v. Boyd's ExorCourt of Appeals of Kentucky · 1909