Wearen v. Smith
Court of Appeals of Kentucky
Case 41 — MOTION TO DISMISS APPEAL PROM LINCOLN COURT OF COMMON PLEAS. 1. The appeal was granted by-the court below, and appellant failed to file his assignment of errors and schedule within ninety days after the appeal was granted. (Sec. 737, Civil Code, sec. 737a.) 2. The judgment is not final. The appeal before the court was granted by the clerk of the Court of • Appeals, and sec. 737, Civil Code, has no application.
1Opinion of the CourtChief Justice Lewis
Appellee moves to dismiss the appeal in this case upon two grounds: first, because it was not takhn within the-time required by the Civil Code; second, because the judgment appealed from is not a judgment, or final order in the meaning of the Code, from which an appeal will lie.
*217It appears the judgment appealed from was rendered January 2?d, 1878; that January 18th, 1880, a copy of the judgment was filed in the office of the clerk of the Court of.Appeals, the appeal granted, and summons issued; and that January 28th, 1880, the schedule and assignment of -errors were filed in the office of the…
2Cited by13 opinions
- Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
- Kudelle v. Vizzard Investment Co.Court of Appeals of Kentucky · 1922
- Hays v. JenkinsCourt of Appeals of Kentucky · 1921
- Peabody v. PaakauaHawaii Supreme Court · 1918
- Nickell v. Citizens Bank of KuttawaCourt of Appeals of Kentucky · 1901
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