Court of Appeals of Kentucky, 1884

Tracy v. Elizabethtown L. & B. S. R.

Tracy v. Elizabethtown L. & B. S. R.
Court of Appeals of Kentucky · Decided April 17, 1884 · Hargis
12 Ky. Op. 587; 5 Ky. L. Rptr. 863; 1884 Ky. LEXIS 253

Tracy v. Elizabethtown L. & B. S. R.

Opinion of the Court

Opinion by

Judge Hargis :

The appellee had the right to enter so soon as the first verdict was rendered. If it has not pursued the terms of its charter authorizing the condemnation, the appellant has a remedy by injunction, trespass and ejectment, and it may be by other actions or proceedings, but he is not entitled to a supersedeas. Mills on Eminent Domain (1st ed.), § 90; Tracy v. Elizabethtown L. & B. S. R. Co., 80 Ky. 259, 3 Ky. L. 813.

Rule discharged.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.