Calvert v. Wilder

Opinion op the Court by

Chief Justice Settle

Overruling motion to set aside order awarding damages.

This case is before us upon the appellant’s motion to set aside so much of the order dismissing the appeal as awarded appellee ten per cent, damages on that part of the judgment of the circuit court superseded by him. It is claimed by the appellant that the amount in controversy was less than $500.00, which deprived the Court of Appeals of the power to award damages upon the dismissal of the appeal.

In Childers, et al v. Ratliff, et al, 164 Ky. 123, we held, that as under the act of March 17th,.…