Wadsworth Stone & Paving Co. v. Whalin , 143 Ky. 357 ( 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 passed on. The motion to set aside the award of ten per cent, damages is sustained.