Terry v. Johnson
Court of Appeals of Kentucky
Case 97 — ON MOTION TO DISMISS APPEAL The taking of an appeal within the meaning of the act of 1898, is the filing of the transcript and not the praying of the appeal in the court below. No appearance for the appellant on the motion to dismiss.
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The act fixing the minimum jurisdiction of this court at $200 was passed on March 14, 1898, but did not become a law, according to its express terms for ninety days thereafter. The judgment appealed from in this case, involving less than this sum, was rendered on March 22, 1898, and the appeal was granted by the court below in the judgment. The appeal was therefore “taken,” within the meaning of the law. before the act took effect. Motion to dismiss is overruled.
2Cited by1 opinion
- Ockerman v. WoodwardCourt of Appeals of Kentucky · 1915