Commonwealth v. Clarke

CULLEN, Commissioner.

The Commonwealth, through the Department of Highways, appeals from a judgment awarding John C. Clarke and wife the sum of $60,000 for land taken and for resulting damages to their farm in the condemnation of right of way for a highway.

The award of the commissioners in the county court was in the amount of approximately $43,000. The Commonwealth appealed to the circuit court and the Clarkes filed a cross-appeal. The Commonwealth contends that the circuit court erred in entertaining the cross-appeal because it was not filed within 30 days from the day the written judgment…