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147 Ky. 849

Combs v. Bates

Court of Appeals of Kentucky

Decided April 23, 1912

Court of Appeals of Kentucky · decided 1912-04-23

<p>Appeals — (Party Accepting Satisfaction of Judgment May Appeal.— The appellant may accept satisfaction of the judgment and still prosecute an appeal from it where he recovers only part of his claim.</p>

Cited by 4 later decisions — most recently December 1954

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1912-04-23

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¶1Opinion of the Court by

Chief Justice Hobson—

¶2On Motion to Dismiss Appeal.

¶3Section 757 of the Civil Code, among other things, provides:

“But when a party recovers judgment for only a part of the demand or property he sues for, the enforcement of such judgment shall not prevent him from prosecuting an appeal therefrom as to so much of the demand or property sued for that he did not recover.

¶4Before this amendment to the Code was made; it was held that a party who accepted satisfaction of a judgment could not appeal from it. The purpose of the. amendment ivas to change the rule. For, manifestly, if the appellant may enforce the judgment, he may accept *850satisfaction from the appellee, without losing his right to appeal. To enforce the judgment is to accept satisfaction of it.

¶5The motion to dismiss the appeal is overruled.

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