| Ky. Ct. App. | Sep 15, 1906
Opinion by
Sustaining.
On September 27,1906, this appeal was dismissed for want of jurisdiction, and on November 27th a motion was entered for damages on the supersedeas.
Damages will be awarded on a supersedeas, where the appeal is dismissed for want of jurisdiction. American Accident Company v. Slaughter, 101 Ky. 269" court="Ky. Ct. App." date_filed="1897-05-08" href="https://app.midpage.ai/document/american-accident-co-v-slaughter-7133590?utm_source=webapp" opinion_id="7133590">101 Ky. 269, 19 Ky. Law Rep., 418, 40 S.W. 675" court="Ky. Ct. App." date_filed="1897-05-05" href="https://app.midpage.ai/document/moore-v-harrod-7133586?utm_source=webapp" opinion_id="7133586">40 S. W. 675. The failure to award damages when the appeal was dismissed was only a clerical error, and may be corrected on motion, as any other clerical error, although the time for filing the petition for rehearing has expired.
Where a county or other municipality supersedes a judgment, and appeals, damages will be awarded as against any other litigant, although it might be impracticable to collect the judgment on execution
Motion sustained.