Davis v. Day's Adm'x
Court of Appeals of Kentucky
Case 4 — MOTION appeal erom: jeeeerson circuit court, chancery division. 1. The transcript filed by the appellant contains enough of the record to enable this court to determine the single question of law involved on the appeal. 2. When an appellant takes an appeal on a partial record, he does so at his peril; and if it appears that portions of the pleadings or evidence bearing upon the questions have been omitted the judgment will be affirmed.
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Case 4 — MOTION appeal erom: jeeeerson circuit court, chancery division. 1. The transcript filed by the appellant contains enough of the record to enable this court to determine the single question of law involved on the appeal. 2. When an appellant takes an appeal on a partial record, he does so at his peril; and if it appears that portions of the pleadings or evidence bearing upon the questions have been omitted the judgment will be affirmed. (Terrill v. Rowland, 86 Ky., 67; Hrashfield v. Burgess, 88 Ky., 176.) 3. But if the court should determine that appellant should pay for the part of…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the coubt:
This case is out on a motion by the appellee to dismiss the appeal because the appellant failed to file the transcript within the time provided by law, and on the further motion (the first failing) to affirm as a delay ■case.
It appears from the transcript before us, and which *26embraces a part only of the entire record, that upon the rendition of the judgment below the appellant filed a copy of it in the office of the clerk of the Court of Appeals, and was granted an appeal from so much thereof as allowed appellee, as administratrix, $300 as a…
2Cited by3 opinions
- Clark v. BurchettCourt of Appeals of Kentucky · 1924
- Sebree v. HendersonCourt of Appeals of Kentucky · 1924
- Bryant v. StephensCourt of Appeals of Kentucky · 1917