Patrick v. Fletcher

Opinion of the Court by

Chief Justice Hobson

On Motion to Grant. Cross Appeal.

A cross appeal can be granted only in a pending appeal. It cannot be. granted after the original appeal has been heard and finally determined. Section 755 of the Code provides:

‘ ‘ The appellee may obtain a cross appeal at any time before the trial by an entry on the records of the Court of Appeals.” See Covington Short Route Transfer Co. v. Piel, 9 R., 665.

In McKoy v. Mayes, 17 R., 827, and Wickliffe v. Buckman, 12 B. M., 424, an original appeal was taken not a cross appeal.

Motion overruled.