138 Ky. 336 | Ky. Ct. App. | 1910
Opinion of the Court by
The appellee has entered a motion in this case to dismiss the appeal granted by the court below because of the failure of the appellant to file the transcript within the time prescribed by law. It is true the trial court granted what on its face purports to be an appeal; but at the time the order was entered the court had lost jurisdiction to entertain it. Section 734 of the Civil Code of Practice provides that an appeal shall be granted, as a matter of right, by the
There is no reason why the appellee may not proceed to collect his judgment, as both the order granting the appeal and supersedeas issued are ineffectual to stop him.
The motion to enter an order of dismissal overruled.