Thompson v. Thompson

• Decision Date: 24 September 1902
• Citation: 69 S.W. 714
• Parties: THOMPSON v. THOMPSON. [1]
• Court: Kentucky Court of Appeals

69 S.W. 714

THOMPSON v. THOMPSON. ^[1]

Court of Appeals of Kentucky.

September 24, 1902

Appeal from circuit court.

"Not to be officially reported."

Action between E. T. Thompson and J. B. Thompson. From the judgment, E. T. Thompson appeals. Motion for rule. Denied.

E. L. England, for appellant.

C. S. Hill, for appellee.

DU RELLE, J.

Upon an award by arbitrators a judgment was entered in the circuit court by which appellee Agnes Thompson was adjudged entitled to the possession of a bay mare named Maud. An appeal was taken in the lower court, and supersedeas issued, but the appeal was dismissed, because not perfected in due time. A second appeal was sued out in the clerk's office of this court, and a new supersedeas issued, but before this was done an order of delivery was executed, and appellee obtained possession of the mare. Appellant now asks for a rule to restore the possession. The effect of the supersedeas is to preserve the status in quo pending the appeal. It cannot retroact. The condition of affairs which is presented is the condition at the time the supersedeas issued. It cannot undo what has been already done under the judgment. 2 Cyl. Law & Proc. p. 908, and cases there cited.

The motion is overruled.

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Notes:

^[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.

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