
    L. M. Longshaw v. Linning & Jackson.
    [Abstract Kentucky Law Reporter, Vol. 3-822.]
    Dismissal of Appeal.
    The Court of Appeals will dismiss an appeal when from the record it appears that it is prosecuted solely for delay. An affidavit of the appellant that the appeal is not prosecuted for delay will not be considered.
    APPEAL FROM CALDWELL CIRCUIT COURT.
    
      L. Pepper, for appellant.
    
    
      H. Burnett, for appellee.
    
    May 11, 1882.
   Petition for Rehearing.

Response by

Judge Hines:

This case affirmed on motion as a delay case. Appellant files what he denominates as a petition for rehearing which is nothing more than an affidavit to the effect that the appeal is prosecuted in good faith. The code requires that the court, upon such motions, shall determine whether the appeal is prosecuted for delay from an inspection of the record and not from the statement of the appellant as to what his intentions are.

Petition overruled.  