Hunt v. Berryman

Court of Appeals of Kentucky

Hunt v. Berryman

59 Ky. 239, 2 Met. 239, 1859 Ky. LEXIS 86

CourtCourt of Appeals of Kentucky

DecidedJuly 15, 1859

StatusPublished

Cited by7 cases

This text of 59 Ky. 239 (Hunt v. Berryman) 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

Hunt v. Berryman, 59 Ky. 239, 2 Met. 239, 1859 Ky. LEXIS 86 (Ky. Ct. App. 1859).

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Opinion

CHIEF JUSTICE SIMPSON

jjelivered the opinion op the court:

This is a motion to quash the supersedas which was issued in this case by the clerk of this court, on the ground that it was issued before a copy of the record had been filed in his office.

By section 889 of the Civil Code, it is provided, “ that a supersedeas shall not be issued by the clerk of the court of appeals until an authenticated copy of the record, with a certified copy of the supersedeas bond, if it was executed before the clerk of the inferior court, shall be filed in his office.”

The prohibition is imperative. A rule is prescribed and no exception to it allowed. The court has no discretion over the subject. The former practice has been changed by the Code, and no supersedeas can be now issued by the clerk of this court until a copy of the record has been filed in his office. The supersedeas in this case was, therefore, issued improvidently.

Wherefore, said supersedeas is quashed.

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