Wadsworth Stone & Paving Co. v. Whalin
136 S.W. 624, 143 Ky. 357, 1911 Ky. LEXIS 399
Opinion
Opinion op the Court by
On motion to modify mandate.
Unless a supersedeas is issued damages may not be awarded under section 764, although a supersedeas bond is executed. Reed v. Lander, 5 Bush, 598; Jones v. Green, 12 Bush, 127. It is now shown that a supersedeas was not issued and that this fact has been learned since the motion to dismiss the appeal with damages was [358] passed on. The motion to set aside the award of ten per cent, damages is sustained.
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Wadsworth Stone & Paving Co. v. Whalin, 136 S.W. 624, 143 Ky. 357, 1911 Ky. LEXIS 399 (Ky. Ct. App. 1911).
136 S.W. 624 (Wadsworth Stone & Paving Co. v. Whalin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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