McManama v. Lucas

Court of Appeals of Kentucky

McManama v. Lucas

5 Ky. Op. 445, 1871 Ky. LEXIS 443

DecidedOctober 12, 1871

StatusPublished

This text of 5 Ky. Op. 445 (McManama v. Lucas) 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

McManama v. Lucas, 5 Ky. Op. 445, 1871 Ky. LEXIS 443 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Hardin :

The record does not disclose the date of the judgment of the quarterly court, but if, as seems to have been ascertained by the circuit court, the sixty days allowed by law for taking the appeal had expired when the appeal was taken, it was proper to dismiss the appeal so as to remit the appellee to his right to enforce his judgment in the quarterly court, but not to render another judgment for the same claim.

Wherefore the judgment is reversed and the cause remanded with directions to dismiss the appeal at the costs of the appellant.

The chief justice not sitting.

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Opinion by

Judge Hardin :

The record does not disclose the date of the judgment of the quarterly court, but if, as seems to have been ascertained by the circuit court, the sixty days allowed by law for taking the appeal had expired when the appeal was taken, it was proper to dismiss the appeal so as to remit the appellee to his right to enforce his judgment in the quarterly court, but not to render another judgment for the same claim.

Wherefore the judgment is reversed and the cause remanded with directions to dismiss the appeal at the costs of the appellant.

The chief justice not sitting.

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Bluebook (online)

5 Ky. Op. 445, 1871 Ky. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmanama-v-lucas-kyctapp-1871.