Court of Appeals of Kentucky, 1910

Trustees Eddyville Graded Common School District v. Board of Education Kuttawa Common School District No. 29

Trustees Eddyville Graded Common School District v. Board of Education Kuttawa Common School District No. 29
Court of Appeals of Kentucky · Decided April 29, 1910 · Barker
138 Ky. 180; 127 S.W. 767; 1910 Ky. LEXIS 57

Trustees Eddyville Graded Common School District v. Board of Education Kuttawa Common School District No. 29

Opinion of the Court

Opinion op the Court by

Chief Justice Barker—

Overruling the motion for damages.

Although appellants executed and filed a supersedeas bond in this case, no writ of supersedeas was ever issued, and therefore the appellees could have enforced their judgment; the mere execution of the bond not being sufficient to stay the proceedings. This being true, the appellees were not entitled to damages on the dismissal of the appeal. L. & N. R. R. Co. v. Lucas’ Adm’r, 120 Ky. 359, 86 S. W. 682, 27 Ky. Law Rep. 769.

The motion for damages is overruled.

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