Hale v. Grogan
Court of Appeals of Kentucky
Case 34 — ON MOTION TO DISMISS — APPEAL PROM CALLOWAY CIRCUIT COURT. 1. The appeal granted below prior to the act of March 14, 1898, was abandoned. 2. The language “exclusive of interest” means interest accrued at the time of the judgment. Citations: Donaldson v. The Security Trust & Safety Vault Co., 20 Ky. Law Rep., 857; Tailor v. Shawley, 2 Ky.
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Case 34 — ON MOTION TO DISMISS — APPEAL PROM CALLOWAY CIRCUIT COURT. 1. The appeal granted below prior to the act of March 14, 1898, was abandoned. 2. The language “exclusive of interest” means interest accrued at the time of the judgment. Citations: Donaldson v. The Security Trust & Safety Vault Co., 20 Ky. Law Rep., 857; Tailor v. Shawley, 2 Ky. Law Rep., 217; Kendall v. Spradling, 15 B. Mon., 33; Jones’ Executor v. Finnell, 8 Bush, 25; Ex parte McCandle, 7 Wallace, 506; Cooley’s Const. Lim., 474.
1Opinion of the CourtChief Justice Hazelrigg
The judgment appealed from in this case was rendered on November 18, 1897, and the appellant (who was the plaintiff below, and whose petition was dismissed) prayed and was granted an appeal in the lower court. Had he perfected that appeal by filing his transcript within the time allowed by law, his appeal would not have been affected by the act of March 14, 1898, which took effect June 10th thereafter, as was held by this court in the case of Donaldson v. The Security T. & V. Co., 20 Ky. L. R., 857, [47 S. W., 763]. However, he abandoned that appeal, and was granted one by the clerk of this…
2Cases cited4 opinions
- Knapp v. BanksSupreme Court of the United States · 1844
- New York Elevated Railroad v. Fifth National BankSupreme Court of the United States · 1886
- The PatapscoSupreme Court of the United States · 1871
- Bracy v. Bracy's adm'rCourt of Appeals of Kentucky · 1876
3Cited by7 opinions
- Carroll v. FullertonCourt of Appeals of Kentucky (pre-1976) · 1926
- Humble v. HumbleCourt of Appeals of Kentucky · 1913
- Davis v. WardCourt of Appeals of Kentucky (pre-1976) · 1929
- Gough v. Illinois Central RailroadCourt of Appeals of Kentucky · 1915
- Dyche v. GrossCourt of Appeals of Kentucky (pre-1976) · 1940
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