Commonwealth, Department of Highways v. Elkin

EDWARD P. HILL, Judge.

This is an appeal from a circuit court judgment for $5000 in a highway condemnation case. The amount of the county court judgment' was $3760.40, from which only the Commonwealth appealed.

The judgment of the circuit court cannot exceed the amount of the judgment in the county court. Cf. Commonwealth, Department of Highways v. Berryman, Ky., 363 S.W.2d 525 (1962); Commonwealth, Department of Highways v. Parsons, Ky., 383 S.W.2d 360 (1964); and Commonwealth, Department of Highways v. Johnson, Ky., 403 S.W.2d 691 (1966).

Appellant contends that the circuit court judgment is…