
    CASE 25 — ACTION, BETWEEN THE TRUSTEES OP EDDY-VILLE GRADED COMMON SCHOOL AND THE BOARD OP EDUCATION OF KUTTAWA COMMON SCHOOL DISTRICT NO. 29.
    April 29, 1910.
    Trustees Eddyville Graded Common School District v. Board of Education Kuttawa Common School District No. 29.
    Appeal from Lyon Circuit Court.
    J. T. PIanberry, Circuit Judge.
    Judgment for the latter, and the former appeals.
    Appeal and Error — Stay of Proceedings — Supersedeas Bond.- — The mere execution and filing by appellant of a supersedeas bond does not stay the proceedings, and where no writ of supersedeas is issued appellee may enforce his judgment pending the appeal, and on the dismissal of the appeal he cannot recover damages.
    N. W. UTLEY and GREENE, VANWINKLE & SCHOOLFIELD for appellants.
    MILLER & MILLER for appellee.
   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.  