(Download) "Breen v. Shatz" by Court of Appeals of Kentucky NO NUMBER IN ORIGINAL ~ Book PDF Kindle ePub Free
eBook details
- Title: Breen v. Shatz
- Author : Court of Appeals of Kentucky NO NUMBER IN ORIGINAL
- Release Date : January 07, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
In an action for malicious prosecution growing out of certain criminal proceedings, the plaintiff, Nora Breen, filed an amended petition seeking additional damages on the ground that subsequent to the filing of plaintiff's petition the defendant, Shatz, had filed a civil action against her which had been terminated in her favor in circuit court. The defendant, by appropriate pleading, stated that an appeal was pending in this court from the judgment entered in the civil action and moved that plaintiff's amended petition be dismissed on that ground. The motion was sustained and plaintiff has appealed. It is conceded, in effect, that ordinarily an action for malicious prosecution, based on a prior civil action, will not lie during the pendency of an appeal from the judgment rendered in the first action. Appellant contends, however, that this rule does not apply here because Shatz has not executed a supersedeas bond and no order of supersedeas has been issued in connection with his appeal.
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