Commonwealth, Department of Highways v. Ketchersid

396 S.W.2d 47, 1965 Ky. LEXIS 91
CourtCourt of Appeals of Kentucky
DecidedNovember 12, 1965
StatusPublished

This text of 396 S.W.2d 47 (Commonwealth, Department of Highways v. Ketchersid) 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. Ketchersid, 396 S.W.2d 47, 1965 Ky. LEXIS 91 (Ky. Ct. App. 1965).

Opinions

DAVIS, Commissioner.

The Department of Highways appeals from a judgment awarding appellees $4,250 in this condemnation action. Appellees have not filed any brief, and by correspondence to the clerk of this court have stated that none will be filed.

Pursuant to RCA 1.260(c)(3) we regard the appellees’ failure to file brief as a confession of error and reverse the judgment without considering the merits of the case.

The judgment is reversed with directions to grant a new trial.

PALMORE and MILLIKEN, JJ., dissenting.

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Bluebook (online)
396 S.W.2d 47, 1965 Ky. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-department-of-highways-v-ketchersid-kyctapp-1965.