132 Ky. 129 | Ky. Ct. App. | 1909
Opinion of the Court- by
Appellee recovered of appellant, in the court below, certain articles of personal property specifically mentioned in the verdict of the jury and judgment of the. court, if to be had, or, if not to be had, the specified value of each article of property as fixed by the jury
Tbe judgment is one upon which appellee was entitled, as a result of the affirmance, to 10 per cent damages as allowed by section 764, Civil C'ode of Practice, which provides: “Upon the affirmance of, or the dismissal of an appeal from, a judgment for money, tbe collection of which, in whole or part, has been superseded, as provided in chapter-2 of this title, 10 per cent damages on tbe amount superseded shall be awarded against tbe appellant.” The amount of tbe judgment superseded was $697, and upon this sum 10 per cent damages should have been awarded appellee. His right to-the damages is not affected by ■ the fact that the judgment is in tbe altematice; for a judgment for tbe return of personalty ,or, if not to be .bad, its specified value; is ini meaning and effect a 'judgment for tbe specified value, if tbe property can
This court is only asked to award appellee the 10 per cent, damages claimed by reason of the- affirmance by this court of the judgment of the circuit court, and this we have already said he is entitled to-. Judgment
‘Wherefore, appellee’s motion that he he awarded the 10 per cent, damages is sustained.