Popp v. L. & N. R. R. Company
Court of Appeals of Kentucky
Case 22 — PETITION ORDINARY 1. Upon the affirmance of a judgment bearing interest the plaintiff in the judgment is entitled to damages upon the interest which has accrued upon the judgment as well as upon the principal.
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Case 22 — PETITION ORDINARY 1. Upon the affirmance of a judgment bearing interest the plaintiff in the judgment is entitled to damages upon the interest which has accrued upon the judgment as well as upon the principal. Civil Code, sec. 764; Johnson v. Williams, 82 Ky. 45; Cavanaugh v. Britt, 90 Ky., 277. 1, The appeal in this case is taken or prosecuted in the name of the infant by its next friend, whereas it is shown that six months prior to the taking of the appeal, a statutory guardian had been appointed and qualified for the infant. Sec. 35, of the Civil Code, provides that the action,…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion, or the court.
Tbe appellant obtained a judgment in the court below against tbe appellee for $10,000, from which judgment appellee prosecuted an appeal to this court. This court affirmed the judgment, with damages. It appears that the interest 'accrued on the judgment amounted to about $2,000 at tbe time-of the affirmance. Upon the return of the cause to the court below, tbe appellant moved for or sought to obtain judgment for 10 per cent, damages on the $2,000 interest as. well as on the $10,000, which the lower court finally refused, and to reverse that…
2Cited by12 opinions
- Huber v. ShedoudyCalifornia Supreme Court · 1919
- Illinois Central R. R. v. ManionCourt of Appeals of Kentucky · 1902
- Dye Brothers v. ButlerCourt of Appeals of Kentucky (pre-1976) · 1925
- Louisville & Nashville R. R. Co. v. MeltonCourt of Appeals of Kentucky · 1912
- Holcomb v. Kentucky Union Co.Court of Appeals of Kentucky (pre-1976) · 1936
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