Rice v. Blair
| Decision Date | 01 May 1914 |
| Citation | 166 S.W. 180,158 Ky. 680 |
| Parties | RICE ET AL. v. BLAIR. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Johnson County.
Action between George Rice and others and A. J. Blair. From a judgment for Blair, Rice and others appeal. Motion to dismiss the appeal overruled.
J. F. Bailey, of Paintsville, for appellants.
Vaughan, Howes & Howes, of Paintsville, for appellee.
The judgment appealed from was rendered November 18, 1911; the appeal was sued out November 17, 1913. A plea of limitation has been filed, on the ground that the year 1912 was leap year and that more than two periods of 365 days elapsed from the judgment to the granting of the appeal.
But section 452, Ky. Stats., provides: "The word 'month' shall be construed to mean a calendar month, and the word 'year' a calendar year." By section 745 of the Civil Code "an appeal shall not be granted except within two years next after the right to appeal first accrued."
As the word "year" means a calendar year, it is immaterial that the year 1912 was leap year. The fact that a prior appeal was dismissed does not affect the right to prosecute this appeal, sued out in due time.
The motion to dismiss the appeal is therefore overruled.
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Kellar v. MH Equip. Corp.
...defines a year as a calendar year, and Kentucky's highest court has held that a calendar year encompasses a leap year. Rice v. Blair, 166 S.W. 180, 180 (Ky. 1914) ("As the word 'year' means a calendar year, it is immaterial that the year 1912 was leap year."). This is consistent with the la......
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Yokley v. Belaski, 92-1149
...P.2d 792, 796 (1987) (use of the word "years" included leap years for the purposes of statutory construction); Rice v. Blair, 158 Ky. 680, 166 S.W. 180, 180 (Ky.Ct.App.1914) ("the word 'year' [includes a] leap year"). The petitioner also alleges that his Fourteenth Amendment equal protectio......
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Tate's Administratrix v. Bryan-Hunt Co.
...the appeal should be and is dismissed, because it was barred by the statute of limitation at the time it was taken. Rice v. Blair, 158 Ky. 680, 166 S.W. 180. The appellants in their brief confined their argument to an attack of the above judgment. They have not briefed the issues disposed o......
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Tate's Adm'x v. Bryan-Hunt Co.
...the appeal should be and is dismissed, because it was barred by the statute of limitation at the time it was taken. Rice v. Blair, 158 Ky. 680, 166 S.W. 180. appellants in their brief confined their argument to an attack of the above judgment. They have not briefed the issues disposed of by......