Stone v. Craft

Court of Appeals of Kentucky

Stone v. Craft

55 S.W. 701, 108 Ky. 20, 1900 Ky. LEXIS 5

Court of Appeals of Kentucky·Decided March 10, 1900·Published·Cited by 18 cases

Opinion

Opinion op the court by

JUDGE DuRELLE

Reversing.

This case is exactly similar to the case of Stone v. Mayo (this day decided, the opinion in which is here referred to), 55 S. W., 700, except that the question is raised of the jurisdiction of this court on the appeal, the amount involved being less than $200. But a judgment for mandamus is not a judgment for the recovery of money or personal property, and this court, therefore, under the statute, has. jurisdiction, the case not being within the ex ceptions of the statute. See Warren Co. Court v. Daniel, 2 Bibb, 573. The judgment is accordingly reversed for further proceedings consistent with the opinion in that case.

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Opinion op the court by

JUDGE DuRELLE

Reversing.

This case is exactly similar to the case of Stone v. Mayo (this day decided, the opinion in which is here referred to), 55 S. W., 700, except that the question is raised of the jurisdiction of this court on the appeal, the amount involved being less than $200. But a judgment for mandamus is not a judgment for the recovery of money or personal property, and this court, therefore, under the statute, has. jurisdiction, the case not being within the ex ceptions of the statute. See Warren Co. Court v. Daniel, 2 Bibb, 573. The judgment is accordingly reversed for further proceedings consistent with the opinion in that case.

Stone v. Craft, 55 S.W. 701, 108 Ky. 20, 1900 Ky. LEXIS 5 (Ky. Ct. App. 1900).

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Opinion

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