Deppen v. Immohr's Ex'r
Court of Appeals of Kentucky
Case 50 — Action by R. O. Deppen and Others Against H. F. Im3VIOHR AND OTHERS TO REVIVE AN ACTION. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION NO. 2--SAMUEL B. KIRBY, judge. From a Judgment Sustaining a Demurrer to the Amended Petition of Appellants They Appeal.
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Case 50 — Action by R. O. Deppen and Others Against H. F. Im3VIOHR AND OTHERS TO REVIVE AN ACTION. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION NO. 2--SAMUEL B. KIRBY, judge. From a Judgment Sustaining a Demurrer to the Amended Petition of Appellants They Appeal. POINTS AND AUTHORITIES. 1. Where a defendant, an appellee, dies after judgment in lower court, and after an appeal has been taken and the judgment appealed from has been filed in the appellate court, then the decision of the appellate court can not be held to be void by an inferior court, but the remedy of the personal…
1Opinion of the Court
Opinion op the court by
JUDGE NUNN
Reversing.
The appellee’s testate, H. F. Immohr, Louisville Banking Company, and one Hess in the year 1900 recovered a judgment in the lower court against these appellants for the amount of several notes, and the enforcement of a mortgage, lien on the real estate of appellants for the satisfaction of same. They appealed from that judgment without executing a supersedeas bond, and before this court passed upon the ease the appellees caused that judgment to be executed, and the land sold to satisfy their judgment. This court in the year 1902 reversed that…
2Cases cited5 opinions
- Lexington & Eastern Railway Co. v. LyonsCourt of Appeals of Kentucky · 1898
- Spalding v. WathenCourt of Appeals of Kentucky · 1870
- Hayden v. Ortkeiss' Adm'rCourt of Appeals of Kentucky · 1885
- Spencer v. ParsonsCourt of Appeals of Kentucky · 1890
- Hopkins v. Hopkins' Adm'rCourt of Appeals of Kentucky · 1891
3Cited by7 opinions
- Town of Jefferson v. HicksSupreme Court of Oklahoma · 1912
- Roll v. HowellAlabama Court of Appeals · 1916
- Davis v. Catlettsburg-Kenova-Ceredo Water Co.Court of Appeals of Kentucky · 1909
- Mosely v. MorganCourt of Appeals of Kentucky · 1923
- Williams v. ReeseCourt of Appeals of Kentucky · 1917
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