Legal Opinion

Watters v. Patrick

Court of Appeals of Kentucky

Decided January 25, 1866PublishedCited by 1 opinion

CASE 63 — APPEAL—MOTION APPEAL FROM MAGOFFIN CIRCUIT COURT. CITED— 2 Duvall, 76; Adams vs. Settles. CITED— Sec. 847, Stanton’s Civil Code.

1Opinion of the Court

JUDGE HARDIN

delivered the opinion of the court:

The 753ii section of the Civil Code provides, that “when any bond provided for by this Code is adjudged to be defective, a new and sufficient one may be executed in such reasonable time as the court may fix, with the same effect as if originally executed. ”

In this case the appellee having moved the court to dismiss the appeal for want of a proper appeal bond, and the court having sustained the motion, as appears, on the ground that the bond filed as an appeal bond was not executed, and taken before the clerk of the circuit court, as required by…

2Cited by1 opinion

  1. Patterson v. Glover, Drainage CommissionerCourt of Appeals of Kentucky (pre-1976) · 1929

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