Smith v. Kincaid

Court of Appeals of Kentucky

Smith v. Kincaid

239 S.W.2d 971, 1951 Ky. LEXIS 921

DecidedMay 18, 1951

StatusPublished

This text of 239 S.W.2d 971 (Smith v. Kincaid) 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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Smith v. Kincaid, 239 S.W.2d 971, 1951 Ky. LEXIS 921 (Ky. Ct. App. 1951).

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Opinion

CULLEN, Commissioner.

These are election contest cases, in which, on a former appeal, this Court held there was such fraud in the election that neither contestant nor contestee could be adjudged to have been fairly elected. See 314 Ky. 333, 235 S.W.2d 62. Upon the cases being remanded, judgments were entered by the lower court adjudging that the elections were void, and requiring each party to pay his own costs in the lower court. From the judgments for costs, the present appeals are taken by the contestants. '

The records do not show the amount of costs involved. However, that is of no importance, because there can be no appeal to this Court from a judgment for costs, regardless of amount. Galvin v. Shafer, 130 Ky. 563, 113 S.W. 485; Higgins v. Utterback, 184 Ky. 105, 211 S.W. 412; Siddens v. Ennis, 217 Ky. 810, 290 S.W. 669; Howard v. Cockrell, 237 Ky. 504, 35 S.W.2d 884.

This Court having no jurisdiction, the appeals are dismissed. '

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CULLEN, Commissioner.

These are election contest cases, in which, on a former appeal, this Court held there was such fraud in the election that neither contestant nor contestee could be adjudged to have been fairly elected. See 314 Ky. 333, 235 S.W.2d 62. Upon the cases being remanded, judgments were entered by the lower court adjudging that the elections were void, and requiring each party to pay his own costs in the lower court. From the judgments for costs, the present appeals are taken by the contestants. '

The records do not show the amount of costs involved. However, that is of no importance, because there can be no appeal to this Court from a judgment for costs, regardless of amount. Galvin v. Shafer, 130 Ky. 563, 113 S.W. 485; Higgins v. Utterback, 184 Ky. 105, 211 S.W. 412; Siddens v. Ennis, 217 Ky. 810, 290 S.W. 669; Howard v. Cockrell, 237 Ky. 504, 35 S.W.2d 884.

This Court having no jurisdiction, the appeals are dismissed. '

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239 S.W.2d 971, 1951 Ky. LEXIS 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-kincaid-kyctapp-1951.

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