Welch v. Welch
Court of Appeals of Kentucky
Case 47 — ACTION ON SUPERSEDEAS BOND — APPEAL FROM MARION CIRCUIT COURT. Both the depreciation in the value of the mill stock and a reasonable attorney’s fee in the prosecution of the appeal are elements .of damage in an action upon a supersedeas bond. Mahlman v. Williams, 89 Ky., 285; Buckner, &c., v. Borgard, 8 Ky. Daw Rep., 701. The loss on account of the mill stock was caused by .the management and not hy the appellees.
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Case 47 — ACTION ON SUPERSEDEAS BOND — APPEAL FROM MARION CIRCUIT COURT. Both the depreciation in the value of the mill stock and a reasonable attorney’s fee in the prosecution of the appeal are elements .of damage in an action upon a supersedeas bond. Mahlman v. Williams, 89 Ky., 285; Buckner, &c., v. Borgard, 8 Ky. Daw Rep., 701. The loss on account of the mill stock was caused by .the management and not hy the appellees. The damages recoverable .in ,an action on a bond must be the natural, proximate and reasonable result of the thing done. 5 Am. '& Eng. Ency. of Law, 5 and note 2 on page…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
In April, 1895, D. W. Welch died, domiciled in Marion county intestate and without issue. His widow, E. R. Welch, qualified as administratrix of his estate. The ap*407praisers appointed by the county court set apart to the widow’ seven and one-half shares of stock in the Lebanon Roller Mills, in lieu of all personal property.
Afterwards, in an action to settle the estate of I). W. Welch, appellants, heirs of D. W. Welch, were made parties, and sought and obtained judgment of the Marion Circuit Court directing a sale of these seven and one-haif shares…
2Cases cited2 opinions
- Mahlman v. WilliamsCourt of Appeals of Kentucky · 1889
- Worth v. SmithCourt of Appeals of Kentucky · 1845
3Cited by6 opinions
- Clay v. RichardsonCourt of Appeals of Texas · 1928
- Sotak v. SotakCourt of Appeals of Kentucky · 1969
- Dowling's Adm'x v. WalkerCourt of Appeals of Kentucky · 1905
- Combs v. CombsCourt of Appeals of Kentucky (pre-1976) · 1947
- Hein v. Highlands InsuranceCalifornia Court of Appeal · 1976
1 more not listed; retrieve them via the Exa API.