Tapp v. Sellars

Court of Appeals of Kentucky (pre-1976)

Tapp v. Sellars

154 S.W.2d 713, 287 Ky. 603, 1941 Ky. LEXIS 597

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedSeptember 30, 1941

StatusPublished

This text of 154 S.W.2d 713 (Tapp v. Sellars) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tapp v. Sellars, 154 S.W.2d 713, 287 Ky. 603, 1941 Ky. LEXIS 597 (Ky. 1941).

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Opinion

Opinion op the Court by

Van Sant, Commissioner

— Dismissing appeal.

The judgment appealed from was rendered on the 10th day of January, 1940. The appeal was granted by “the circuit court on the 16th day of March, 1940. Appellant filed in the circuit clerk’s office a schedule for a partial record on August 13, 1940, more than 90 days after ■.the granting of the appeal.

Upon the authority of Subsection 4, Section 737, of the Civil Code of Practice, as construed in Nelson County v. Bardstown & Louisville Turnpike Co., 72 S. W. 1104, 24 Ky. Law Rep. 2056; Louisville & N. Ry. Co. v. Brice, 83 Ky. 210, 7 Ky. Law Rep. 180; Stidham v. Lee County, 150 Ky. 191, 150 S. W. 10 and Paducah & Illinois R. Co. v. Albritton, 174 Ky. 270, 191 S. W. 879, 880, appellees’ motion to dismiss the appeal must be, and hereby is, sustained.

The appeal is dismissed without prejudice to the right of appellant to perfect an appeal in this court.

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