Costigan & Roll v. Sallie Gilson's Committee

Court of Appeals of Kentucky

Costigan & Roll v. Sallie Gilson's Committee

132 S.W. 553, 141 Ky. 377, 1910 Ky. LEXIS 454

DecidedDecember 16, 1910

StatusPublished

This text of 132 S.W. 553 (Costigan & Roll v. Sallie Gilson's Committee) 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

Costigan & Roll v. Sallie Gilson's Committee, 132 S.W. 553, 141 Ky. 377, 1910 Ky. LEXIS 454 (Ky. Ct. App. 1910).

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Opinion

Opinion of the Court by

Judge Hobson

Dismissing.

John Gilson died intestate, leaving surviving him his wife, who was insane. He had at Ms death household effects valued at $34.34; als-o a policy in the order of Red Men for the sum of $50.00, which was paid to the administrator in pursuance of a by-law which reads:

“The family or relatives of a deceased brother of this tribe shall he entitled to receive from the wampum of the tribe fifty fathoms ($50.00) for the funeral benefits, if he was in good standing at the -time of his death.”

He also had a policy in the Bricklayers Uni-on for $150.00, which was paid to the administrator under the following provision:

“Whenever a member not more than three -months in arrears for dues, etc., shall die, the sum of $150.00 shall be paid by the union to the widow or -other legal representative of the .deceased.”

Oostigan & Roll had a claim against the estate for burial expenses amounting to $229.00 and asserted a preferred claim against the above insurance money. The committee of the widow -claimed the entire fund as exempt from distribution or payment of debts under section 1403 Ky. St-at. The circuit court adjudged the $50.00 paid by the Order of Red Men to Costigan & Roll, less the cost; and the $150.00 to the widow, less the cost. Prom this judgment Oostigan & Roll appeal, and the committee of the widow has taken a cross appeal.

The only thing in controversy on the appeal is the $150.00 collected from the Bricklayers Union. By sec[379]*379tion 950 Ky. Stat. no appeal shall be taken to the court of appeals from a judgment for tbe recovery of money or personal property if tbe value in controversy be less than $200.00 exclusive of costs. The only thing in controversy >on tbe appeal of Costigan & Roll is $150.00. This court is, therefore, without jurisdiction and the appeal is dismised.

The thing in controversy on the cross appeal is $50.00 and as the appeal is dismissed the amount in controversy on the cross appeal is not sufficient to give the court jurisdiction.

The appeal and cross appeal are therefore' dismissed.

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Opinion of the Court by

Judge Hobson

Dismissing.

John Gilson died intestate, leaving surviving him his wife, who was insane. He had at Ms death household effects valued at $34.34; als-o a policy in the order of Red Men for the sum of $50.00, which was paid to the administrator in pursuance of a by-law which reads:

“The family or relatives of a deceased brother of this tribe shall he entitled to receive from the wampum of the tribe fifty fathoms ($50.00) for the funeral benefits, if he was in good standing at the -time of his death.”

He also had a policy in the Bricklayers Uni-on for $150.00, which was paid to the administrator under the following provision:

“Whenever a member not more than three -months in arrears for dues, etc., shall die, the sum of $150.00 shall be paid by the union to the widow or -other legal representative of the .deceased.”

Oostigan & Roll had a claim against the estate for burial expenses amounting to $229.00 and asserted a preferred claim against the above insurance money. The committee of the widow -claimed the entire fund as exempt from distribution or payment of debts under section 1403 Ky. St-at. The circuit court adjudged the $50.00 paid by the Order of Red Men to Costigan & Roll, less the cost; and the $150.00 to the widow, less the cost. Prom this judgment Oostigan & Roll appeal, and the committee of the widow has taken a cross appeal.

The only thing in controversy on the appeal is the $150.00 collected from the Bricklayers Union. By sec[379]*379tion 950 Ky. Stat. no appeal shall be taken to the court of appeals from a judgment for tbe recovery of money or personal property if tbe value in controversy be less than $200.00 exclusive of costs. The only thing in controversy >on tbe appeal of Costigan & Roll is $150.00. This court is, therefore, without jurisdiction and the appeal is dismised.

The thing in controversy on the cross appeal is $50.00 and as the appeal is dismissed the amount in controversy on the cross appeal is not sufficient to give the court jurisdiction.

The appeal and cross appeal are therefore' dismissed.

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132 S.W. 553, 141 Ky. 377, 1910 Ky. LEXIS 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/costigan-roll-v-sallie-gilsons-committee-kyctapp-1910.