Louisville & Nashville R. R. Co. v. Melton

Opinion of the Court by

Chief Justice Hobson

Reversing.

*243•The facts of this controversy are stated in the opinion delivered when the matter was before ns on a motion entered after the return of the case from the United States Supreme Court. (See L. & N. R. R. Co. v. Melton, 140 Ky., 741.) We then held that as this court has no original jurisdiction, the matter could not be determined by it in the first instance, and that the plaintiff’s remedy was by an action on the appeal bond in a court of original jurisdiction. The motion was accordingly dismissed without prejudice to an action on the appeal…