Parks v. Hulme

Court of Appeals of Kentucky

Parks v. Hulme

33 Ky. 499, 3 Dana 499, 1835 Ky. LEXIS 151

DecidedOctober 29, 1835

StatusPublished

This text of 33 Ky. 499 (Parks v. Hulme) 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

Parks v. Hulme, 33 Ky. 499, 3 Dana 499, 1835 Ky. LEXIS 151 (Ky. Ct. App. 1835).

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Opinion

Chief Justice

UoBBKYSoirdelivered the Opinion of the Court..

Parks sued Hulme before a Justice of the Peace, on an account for five dollars. Hulme pleaded an account against Parks, for fifty dollars, as a set oif, and obtained a judgment against him for forty five dollars.. Parks appealed to the Circuit Court; and the Circuit Judge dismissed the appeal, for a supposed want of jurisdiction. And this writ of error is brought to-reverse that judgment*

The County Court could not have talien, cognizance of the appeal, because the amount of the judgment appealed from exceeded five- pounds;, and consequently, as “the amount in controversy” was more than five pounds, the Circuit Court had jurisdiction of the appeal: and if, on the trial in that Court, the appellee had failed to establish his right, judgment should have been rendered in favor of the appellant.

Wherefore, the judgment of the Circuit Court is reversed, and the cause remanded.

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Chief Justice

UoBBKYSoirdelivered the Opinion of the Court..

Parks sued Hulme before a Justice of the Peace, on an account for five dollars. Hulme pleaded an account against Parks, for fifty dollars, as a set oif, and obtained a judgment against him for forty five dollars.. Parks appealed to the Circuit Court; and the Circuit Judge dismissed the appeal, for a supposed want of jurisdiction. And this writ of error is brought to-reverse that judgment*

The County Court could not have talien, cognizance of the appeal, because the amount of the judgment appealed from exceeded five- pounds;, and consequently, as “the amount in controversy” was more than five pounds, the Circuit Court had jurisdiction of the appeal: and if, on the trial in that Court, the appellee had failed to establish his right, judgment should have been rendered in favor of the appellant.

Wherefore, the judgment of the Circuit Court is reversed, and the cause remanded.

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Bluebook (online)

33 Ky. 499, 3 Dana 499, 1835 Ky. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-v-hulme-kyctapp-1835.