Bennett v. Commonwealth

Motion by Garland Bennett and wife for an appeal from a judgment of the Daviess Circuit Court which dismissed, on the motion of the Department of Highways, an appeal taken by the department from a condemnation judgment of the Daviess County Court, and which also dismissed, on the department’s motion, an attempted cross-appeal by the Bennetts, on the ground that it was filed too late.

The arguments advanced by the Bennetts, as to why they should be entitled to a trial in the circuit court on the issue of insufficient damages, notwithstanding that they did not file their cross-appeal within the…