Commonwealth, Department of Highways v. Circuit Court of the Commonwealth ex rel. County of Bullitt

STEWART, Chief Justice.

In the Bullitt Circuit Court in the condemnation case styled Commonwealth of Kentucky, Department of Highways v. Lucille Wood, a judgment in the amount of $5520 was returned against the Commonwealth (we shall so refer to the condemner) on July 24, 1962. A motion for a new trial was timely filed, was heard and was overruled in September, 1962. However, no order to that effect was entered until November 9, 1962. On November 28, 1962, the Commonwealth filed a notice of appeal and is taking, or has completed, the steps necessary to perfect that appeal to this Court.

Meantime,…