Wadsworth Stone & Paving Co. v. Whalin
143 Ky. 357 | Ky. Ct. App. | 1911
Opinion op the Court by
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