Wadsworth Stone & Paving Co. v. Whalin

143 Ky. 357 | Ky. Ct. App. | 1911

Opinion op the Court by

Chiep Justice Hobson

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 *358passed on. The motion to set aside the award of ten per cent, damages is sustained.

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