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

Court of Appeals of Kentucky

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

127 S.W. 767, 138 Ky. 180, 1910 Ky. LEXIS 57

CourtCourt of Appeals of Kentucky

DecidedApril 29, 1910

StatusPublished

Cited by1 cases

This text of 127 S.W. 767 (Trustees Eddyville Graded Common School District v. Board of Education Kuttawa Common School District No. 29) 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.

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Trustees Eddyville Graded Common School District v. Board of Education Kuttawa Common School District No. 29, 127 S.W. 767, 138 Ky. 180, 1910 Ky. LEXIS 57 (Ky. Ct. App. 1910).

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Opinion

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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