Krinn v. Helmbold

• Decision Date: 14 June 1902
• Citation: 113 Ky. 759,68 S.W. 1103
• Parties: KRINN v. HELMBOLD. [1]
• Court: Kentucky Court of Appeals

68 S.W. 1103

113 Ky. 759

KRINN v. HELMBOLD. ^[1]

Court of Appeals of Kentucky.

June 14, 1902

Appeal from circuit court, Campbell county.

"To be officially reported."

Action by August Helmbold against William F. Krinn to contest an election. Judgment for plaintiff and defendant appeals. Dismissed.

S. E Anderson and H. M. Bentin, for appellant.

C.J. &amp W. W. Helm, for appellee.

GUFFY C.J.

This appeal is prosecuted from a judgment of the Campbell circuit court in a suit by August Helmbold against Wm. F. Krinn, it being brought by the appellee against appellant, seeking a judgment declaring that he was elected to the office of alderman of the city of Newport instead of the appellant Krinn. Judgment was rendered in favor of appellee, and the appeal granted to this court on the 16th day of April, 1902. On May 27, 1902, the appellant filed the record in the case and obtained an appeal from the clerk of this court, or at least attempted to do so, executed bond and supersedeas, and caused summons to issue. On the 4th of June thereafter the appellee entered a motion to dismiss the appeal, to which appellant objected, and the motion was submitted, and briefed by counsel for each party.

It is the contention of appellant that he had the right to file the record with the clerk of this court, and obtain an appeal after the expiration of 30 days from the rendition of the judgment, and he seeks to have the same principle applied to this case as applies to appeals in other cases which have been granted by the court below, but not perfected by filing the record in this court within the time specified, and contends that he may within the time allowed for appeals file same with the clerk and obtain an appeal as in other cases. The contention of appellee is that the record must be filed within 30 days from the rendition of the judgment, and that appeals in such cases as the one at bar are governed by the act of the legislature passed in 1900, and to be found in "Acts of the special session of the legislature which was convened the 28th of August, 1900." It will be seen, from an examination of that act, that various provisions were made requiring and providing for a prompt and speedy determination of election contests, and after a judgment the act also provides for the manner and time of taking appeals to this court. So much of the act as we deem pertinent to this motion reads as follows: "Either party may appeal...