Carter v. Depp

Court of Appeals of Kentucky

Carter v. Depp

143 S.W. 743, 147 Ky. 84, 1912 Ky. LEXIS 175

DecidedFebruary 22, 1912

StatusPublished

This text of 143 S.W. 743 (Carter v. Depp) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. Depp, 143 S.W. 743, 147 Ky. 84, 1912 Ky. LEXIS 175 (Ky. Ct. App. 1912).

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Opinion

Opinion of the Court by

Judge Lassing —

Dismiss-ing appeal.

Appellant, Lester Carter, was tried in the Quarterly [85]*85Court of Metcalfe County and fined $5.00 and costs for failing to work upon the county road. He instituted a suit in the circuit court, in which he sought to have the judgment in the quarterly court set aside. A special demurrer was sustained by the circuit court, and the suit dismissed. From that judgment he prosecutes this appeal.

This was a civil proceeding, pure and simple, and the amount involved is only $5. By section 950, of the Kentucky Statutes, it is provided that no appeal lies to this court from a judgment of the circuit court if the amount in controversy be less than $200, exclusive of interest and costs. This court is without, jurisdiction and the appeal is dismissed.

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Opinion of the Court by

Judge Lassing —

Dismiss-ing appeal.

Appellant, Lester Carter, was tried in the Quarterly [85]*85Court of Metcalfe County and fined $5.00 and costs for failing to work upon the county road. He instituted a suit in the circuit court, in which he sought to have the judgment in the quarterly court set aside. A special demurrer was sustained by the circuit court, and the suit dismissed. From that judgment he prosecutes this appeal.

This was a civil proceeding, pure and simple, and the amount involved is only $5. By section 950, of the Kentucky Statutes, it is provided that no appeal lies to this court from a judgment of the circuit court if the amount in controversy be less than $200, exclusive of interest and costs. This court is without, jurisdiction and the appeal is dismissed.

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Bluebook (online)

143 S.W. 743, 147 Ky. 84, 1912 Ky. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-depp-kyctapp-1912.