Stokes v. Henderson

Court of Appeals of Kentucky

Stokes v. Henderson

276 S.W.2d 12, 1955 Ky. LEXIS 405

CourtCourt of Appeals of Kentucky

DecidedMarch 4, 1955

StatusPublished

Cited by3 cases

This text of 276 S.W.2d 12 (Stokes v. Henderson) 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

Stokes v. Henderson, 276 S.W.2d 12, 1955 Ky. LEXIS 405 (Ky. Ct. App. 1955).

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Opinion

STANLEY, Commissioner.

The judgment establishes a line between two town lots in Irvine. An appeal was granted by the trial court, and the appellant has also moved for an appeal under KRS 21.080.

The appellant sought an injunction and damages for $5,000 for trespass. But he offered no proof on the issue of damages, and the claim must be deemed to have-been abandoned. So, the only question involved on the appeal is the correctness of the judgment as to the boundary line. A strip of land only a few inches wide and not over 75 feet long is the subject of the controversy. The record does not reveal or reflect its value. Since it is not shown affirmatively that the value is sufficient to give this court jurisdiction, the appeal granted by the circuit court is dismissed and the motion for an appeal is overruled. See Mullins v. Hall, Ky., 273 S.W.2d 831.

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STANLEY, Commissioner.

The judgment establishes a line between two town lots in Irvine. An appeal was granted by the trial court, and the appellant has also moved for an appeal under KRS 21.080.

The appellant sought an injunction and damages for $5,000 for trespass. But he offered no proof on the issue of damages, and the claim must be deemed to have-been abandoned. So, the only question involved on the appeal is the correctness of the judgment as to the boundary line. A strip of land only a few inches wide and not over 75 feet long is the subject of the controversy. The record does not reveal or reflect its value. Since it is not shown affirmatively that the value is sufficient to give this court jurisdiction, the appeal granted by the circuit court is dismissed and the motion for an appeal is overruled. See Mullins v. Hall, Ky., 273 S.W.2d 831.

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276 S.W.2d 12, 1955 Ky. LEXIS 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stokes-v-henderson-kyctapp-1955.

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