Shely v. Votaw

COMBS, Justice.

An opinion was rendered reversing the judgment in this case at the 1954 spring term of court. On petition for rehearing appellees have raised for the first time a jurisdictional question. They now ask that the appeal be dismissed because no motion for an appeal has been made in this court.

The amount in controversy is $1,885.85. Appellants requested and were granted an appeal by' the trial court and no motion for an appeal has been made here.

The appellate jurisdiction of this court is governed by section 110 of the Constitution and by KRS- 21.060. In 1952 the Legislature amended…