Brandies v. Stewart
Court of Appeals of Kentucky
CASE 6 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT. .The facts appear in tbe opinion of the court. The plaintiffs were entitled to a judgment for their costs. (Revised Statutes,page 204, sec. 13.) There are no exceptions to the ruling of the court, and none showing the testimony. The judgment only is before this court, and it is too small to give this court jurisdiction. The case ought to be dismissed for want of jurisdiction.
1Opinion of the CourtChief Justice Simpson
The jurisdiction of this court is objected to, and this is the first question to be decided.
The plaintiffs in the action, who are now appellants, alleged in their petition that they had contracted with the defendants for the delivery by them of from two to three hundred bushels of prime white wheat, at one dollar and ten cents per bushel; and for one hundred bushels of good merchantable rye at seventy-five cents per bushel; and had made to them an advance payment on the contract of two hundred dollars. They also alleged that the defendants had wholly failed to deliver either *396the wheat or the…
2Cited by4 opinions
- Shanahan v. McIntireCourt of Appeals of Kentucky · 1916
- Casebolt v. HallCourt of Appeals of Kentucky · 1917
- Darby v. Van MeterCourt of Appeals of Kentucky · 1913
- Miles v. BaylesCourt of Appeals of Kentucky · 1872