Boyd v. Town of Martin

198 S.W.2d 204, 303 Ky. 524, 1946 Ky. LEXIS 885

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: December 10, 1946
• Status: Published

Opinion

Opinion op the Court by

Judge Cammack

Affirming.

The Town of Martin instituted this action to condemn a small strip of land owned by the appellants. The appellants did not file an answer to the original pe tition, bnt did file exceptions to tbe commissioners’ report. Tbe trial in tbe connty conrt resulted in an award of $500. Tbe Boyds appealed to tbe circuit court, and, after bearing evidence on tbe question of tbe necessity of taking tbe land, tbe court adjudged that it was necessary for tbe city to do so. Tbe question of damages was submitted to tbe jury and an award of $700 was made. Tbe appellants failed to file tbeir bill of exceptions in time and tbe lower court refused to sign or approve it when it was offered for filing. When tbe appeal was filed in tbis Court tbe tendered bill of exceptions was incorporated in tbe record and tbe appellee promptly made a motion tbat it be stricken. Tbis motion was sustained.

We are confronted, therefore, witb tbe question as to whether or not tbe pleadings support tbe judgment. Feltner V. Smith, 283 Ky. 783, 143 S. W. 2d 505. We have examined them carefully and find tbat they do.

Judgment affirmed.