Stone v. Craft
Court of Appeals of Kentucky
Case 4 —Mandamus APPEAL PROM FRANKLIN CIRCUIT COURT. 1. tt has always been held by this court, that an appeal will lie from the judgment of the circuit court, awarding a mandamus regardless of the amount in controversy. 'See Barbour’s Digest, division 111, “Mlandamus,” County of Warren v. Daniel, 2 Bibb, 573; also Justice of (Spencer Counity v. Harcourt, 4 B. Mon., 499. 2. The language of the statute regulating appeals to this court, after enumerating judgments for the…
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Case 4 —Mandamus APPEAL PROM FRANKLIN CIRCUIT COURT. 1. tt has always been held by this court, that an appeal will lie from the judgment of the circuit court, awarding a mandamus regardless of the amount in controversy. 'See Barbour’s Digest, division 111, “Mlandamus,” County of Warren v. Daniel, 2 Bibb, 573; also Justice of (Spencer Counity v. Harcourt, 4 B. Mon., 499. 2. The language of the statute regulating appeals to this court, after enumerating judgments for the recovery of personal property or money, of the value or am'ount of $200 and the like, is as follows: “In all other civil…
1Opinion of the Court
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…
2Cited by18 opinions
- Coleman, Auditor v. HurstCourt of Appeals of Kentucky (pre-1976) · 1928
- City of Newport v. McLaneCourt of Appeals of Kentucky (pre-1976) · 1934
- Commonwealth v. Rosenfield Bros.Court of Appeals of Kentucky · 1904
- Slayton v. RogersCourt of Appeals of Kentucky · 1908
- City of Princeton v. BakerCourt of Appeals of Kentucky (pre-1976) · 1931
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