Horton v. Sherrill-Russell Lumber Co.

Court of Appeals of Kentucky

Horton v. Sherrill-Russell Lumber Co.

139 S.W. 737, 144 Ky. 508, 1911 Ky. LEXIS 640

CourtCourt of Appeals of Kentucky

DecidedSeptember 21, 1911

StatusPublished

Cited by1 cases

This text of 139 S.W. 737 (Horton v. Sherrill-Russell Lumber Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Horton v. Sherrill-Russell Lumber Co., 139 S.W. 737, 144 Ky. 508, 1911 Ky. LEXIS 640 (Ky. Ct. App. 1911).

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Opinion

Opinion op the Court by

Chief Justice Hobson

Sustaining motion for bond for costs.

Appellant being a non-resident may be required- to give bond for costs on the appeal.. By section 616 of the Code the plaintiff in a civil action who is a non-resident shall give bond “for the payment of all costs” of the action. By section 744 the appellant “may be required to give security for costs as plaintiffs in civil actions may be so required.” Under these provisions the appellant may be required to give security for costs on the appeal just as he might be if the plaintiff in a civil action. The appeal is a new proceeding instituted by the appellant, and it is not material that he was the defendant to the action in the circuit court. (Paducah Hotel Co. v. Long, 92 Ky., 278.)

Motion sustained.

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Opinion op the Court by

Chief Justice Hobson

Sustaining motion for bond for costs.

Appellant being a non-resident may be required- to give bond for costs on the appeal.. By section 616 of the Code the plaintiff in a civil action who is a non-resident shall give bond “for the payment of all costs” of the action. By section 744 the appellant “may be required to give security for costs as plaintiffs in civil actions may be so required.” Under these provisions the appellant may be required to give security for costs on the appeal just as he might be if the plaintiff in a civil action. The appeal is a new proceeding instituted by the appellant, and it is not material that he was the defendant to the action in the circuit court. (Paducah Hotel Co. v. Long, 92 Ky., 278.)

Motion sustained.

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Bluebook (online)

139 S.W. 737, 144 Ky. 508, 1911 Ky. LEXIS 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horton-v-sherrill-russell-lumber-co-kyctapp-1911.

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