Trustees Eddyville Graded Common School District v. Board of Education Kuttawa Common School District No. 29

Opinion op the Court by Chief Justice Barker— Overruling the motion for damages. Although appellants executed and filed a supersedeas bond in this case, no writ of supersedeas was ever issued, and therefore the appellees could have enforced their judgment; the mere execution of the bond not being sufficient to stay the proceedings. This being true, the appellees were not entitled to damages on the dismissal of the appeal. L. & N. R. R. Co. v. Lucas’ Adm’r, 120 Ky. 359, 86 S. W. 682, 27 Ky. Law Rep. 769. The motion for damages is overruled.