Walter A. Wood Mowing & Reaping Machine Co. v. Taylor
Court of Appeals of Kentucky
Case 29 — MOTION TO AFFIRM AND TO DISMISS APPEAL prom warren circuit court. Accrued interest is estimated in determining jurisdictional amount. Ky. Stat., sec. 950; Covington v. Powell, 2 Met., 230; Miller v. Mulvey, 7 Ky. Law Rep., 45. 1. The accrued interest was not included. 2. Interest accrued at the time of bringing the action is not within the meaning of the phrase “exclusive of interest” in sec.' 950, Ky.
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Case 29 — MOTION TO AFFIRM AND TO DISMISS APPEAL prom warren circuit court. Accrued interest is estimated in determining jurisdictional amount. Ky. Stat., sec. 950; Covington v. Powell, 2 Met., 230; Miller v. Mulvey, 7 Ky. Law Rep., 45. 1. The accrued interest was not included. 2. Interest accrued at the time of bringing the action is not within the meaning of the phrase “exclusive of interest” in sec.' 950, Ky. Stat., Elliott on Appellate Proc., sec. 61. The utterance of the court in Orth & Wallace v. Clutz’s Admr., IS B. M., 223, that accrued interest is to he excluded is dictum. Wagner v.…
1Opinion of the Court
■CHIEF JUSTICE LEWIS
delivered the opinion oe tiie court.
Appellant brought this action to recover $54.31, being alleged balance due on an account of $57.31. Appellee pleaded a counterclaim, and, upon final hearing, it was adjudged that he recover over against appellant $45.88. An appeal was prosecuted to this court, and the case is now pending upon two motions,- — one, to( afQrm as a delay case; the other, to dismiss for want of jurisdiction. This court can not consider -¡the former because of appellee’s failure to make the indorsement required by section 759, Civ. Code. Therefore, the sole…
2Cited by6 opinions
- Davis v. WardCourt of Appeals of Kentucky (pre-1976) · 1929
- Southeastern Gas Co. v. FergusonCourt of Appeals of Kentucky (pre-1976) · 1936
- Dyche v. GrossCourt of Appeals of Kentucky (pre-1976) · 1940
- Hunt Contracting Co. v. TateCourt of Appeals of Kentucky · 1913
- Montgomery v. MontgomeryCourt of Appeals of Kentucky · 1904
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