Commonwealth, Department of Highways v. Johnson

Court of Appeals of Kentucky

Commonwealth, Department of Highways v. Johnson

377 S.W.2d 596

CourtCourt of Appeals of Kentucky

DecidedFebruary 21, 1964

StatusPublished

Cited by1 cases

This text of 377 S.W.2d 596 (Commonwealth, Department of Highways v. Johnson) 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

Commonwealth, Department of Highways v. Johnson, 377 S.W.2d 596 (Ky. Ct. App. 1964).

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Opinion

MONTGOMERY, Judge.

Vernon Johnson et al. were awarded $5,000 for land taken and for resulting damages in a condemnation action instituted by the Department of Highways. The Department has appealed.

Appellant filed briefs on October 5, 1962, with appropriate notice. Appellees have failed to file a brief. Pursuant to RCA 1.260(c) (3), the failure of appellees to file briefs is regarded as a confession of error, requiring a reversal without consideration of the merits of the case.

Judgment reversed.

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MONTGOMERY, Judge.

Vernon Johnson et al. were awarded $5,000 for land taken and for resulting damages in a condemnation action instituted by the Department of Highways. The Department has appealed.

Appellant filed briefs on October 5, 1962, with appropriate notice. Appellees have failed to file a brief. Pursuant to RCA 1.260(c) (3), the failure of appellees to file briefs is regarded as a confession of error, requiring a reversal without consideration of the merits of the case.

Judgment reversed.

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377 S.W.2d 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-department-of-highways-v-johnson-kyctapp-1964.

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