104 Ky. 179 | Ky. Ct. App. | 1898
delivered the opinion of the court.
April 2, 1898, A. L. Sclimidt, etc., recovered a judgment in the Jefferson Circuit Court, Law and Equity division, against the Louisville & Nashville Railroad Company, from which an appeal was granted. April 19, 1898, the plaintiff below filed an authenticated copy of the record in the clerk’s office of the Court of Appeals, and on the same day made a motion in open court to affirm the judgment as á delay case. Section 759, Civ. Code, is as followrs: “If an appeal with a supersedeas be taken for delay merely, the appellee may at any time, move the court to affirm the judg