Commonwealth, Department of Highways ex rel. Curlin v. Schofield

Court of Appeals of Kentucky

Commonwealth, Department of Highways ex rel. Curlin v. Schofield

279 S.W.2d 814, 1955 Ky. LEXIS 551

DecidedMay 20, 1955

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This text of 279 S.W.2d 814 (Commonwealth, Department of Highways ex rel. Curlin v. Schofield) 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.

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Commonwealth, Department of Highways ex rel. Curlin v. Schofield, 279 S.W.2d 814, 1955 Ky. LEXIS 551 (Ky. Ct. App. 1955).

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Opinion

CAMMACK, Judge.

This is another condemnation case instituted in the Graves County Court by the Commonwealth to condemn property for its proposed highway between Mayfield and Fulton. The appellees herein were awarded. $2,500 by a judgment in the Graves County Court entered on June 21, 1954.

As in the case of Commonwealth ex rel. Curlin v. Taylor, Ky., 279 S.W.2d 813, the appellants filed with the Graves Circuit Court a statement of appeal from the judgment of the county court, together with a certified copy of the judgment and their exceptions to the award. The summonses on the appeal were issued at the same time they were issued in the Taylor case, after some 95 days had elapsed. The appellees’ motion to dismiss the appeal to the circuit court was sustained by the circuit court for the same reason the appeal was dismissed in the Taylor case.

Since the same question is involved, what was said in the Taylor case is decisive of the question in this case. For the reasons stated therein, the judgment is reversed, with directions to set it aside, and for proceedings consistent with this opinion.

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CAMMACK, Judge.

This is another condemnation case instituted in the Graves County Court by the Commonwealth to condemn property for its proposed highway between Mayfield and Fulton. The appellees herein were awarded. $2,500 by a judgment in the Graves County Court entered on June 21, 1954.

As in the case of Commonwealth ex rel. Curlin v. Taylor, Ky., 279 S.W.2d 813, the appellants filed with the Graves Circuit Court a statement of appeal from the judgment of the county court, together with a certified copy of the judgment and their exceptions to the award. The summonses on the appeal were issued at the same time they were issued in the Taylor case, after some 95 days had elapsed. The appellees’ motion to dismiss the appeal to the circuit court was sustained by the circuit court for the same reason the appeal was dismissed in the Taylor case.

Since the same question is involved, what was said in the Taylor case is decisive of the question in this case. For the reasons stated therein, the judgment is reversed, with directions to set it aside, and for proceedings consistent with this opinion.

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279 S.W.2d 814, 1955 Ky. LEXIS 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-department-of-highways-ex-rel-curlin-v-schofield-kyctapp-1955.

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