Rowland v. Commonwealth, Department of Highways

HILL, Judge.

This is an appeal by motion from a $2,000 judgment in a highway condemnation proceeding to acquire 0.88 of an acre of appellants’ land, located in Calloway County one mile north of Murray, for use in widening and improving US 641 between Murray and Benton.

Appellants have proceeded by motion for appeal apparently under the impression that the amount of the judgment controls a procedure on appeal. It is not the amount of the judgment but the judgment and pleadings that determine the procedure on appeal. KRS 21.070; Rutherford v. Modern Bakery, Ky., 310 S.W.2d 274 (1958); Maslow…