Legal Opinion

Breckinridge County v. Rhodes

Court of Appeals of Kentucky

Decided December 6, 1907PublishedCited by 4 opinions

CASH 45. — PROCEEDINGS FOR THE ESTABLISHMENT OF A HIGHWAY IN BRECKINRIDGE COUNTY IN WHICH CERTAIN DAMAGES WERE AWARDED TO W. E. RHODES. Appeal from Breckinridge Circuit Court. Weed S. Chele, Circuit Judge.

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CASH 45. — PROCEEDINGS FOR THE ESTABLISHMENT OF A HIGHWAY IN BRECKINRIDGE COUNTY IN WHICH CERTAIN DAMAGES WERE AWARDED TO W. E. RHODES. Appeal from Breckinridge Circuit Court. Weed S. Chele, Circuit Judge. Prom a judgment dismissing tbe appeal the county through its county attorney appeals The contention of appellant is that the county attorney may, in all cases where an appeal by law is permitted, make such appeal on his1 own motion from an order of the county court, without permission from, or order on the pant of the county judge permitting him to do so-. AUTHORITIES CITED. County of…

1Opinion of the Court

Opinion op the Court by

Wm. Rogers Clay, Commissioner

Reversing.

Willis Green and others on the 30th day of April, 1907, filed in the county court of Breckinridge county their petition for the opening of a new road. By consent of the parties, a jury was waived and the question of -damages accruing to those over whose land the proposed road was to run was submitted to the county court. This court awarded appellee W. E. Rhodes the sum of $850. The county attorney of Breckinridge county, believing that the allowance of $850 was excessive, appealed on his own motion, and without any order from the…

2Cases cited2 opinions

  1. Jefferson County v. WatersCourt of Appeals of Kentucky · 1901
  2. Commonwealth v. KimberlinCourt of Appeals of Kentucky · 1871

3Cited by4 opinions

  1. Oldham Co. Woolridge Co. Atty. v. Arvin, Co. R. En.Court of Appeals of Kentucky (pre-1976) · 1932
  2. Howard v. SaylorCourt of Appeals of Kentucky (pre-1976) · 1947
  3. Knott County v. MichaelCourt of Appeals of Kentucky (pre-1976) · 1936
  4. Johnson County v. High Test Oil & Gas Co.Court of Appeals of Kentucky (pre-1976) · 1937

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