(Download) "Mullins v. Hall" by Court of Appeals of Kentucky NO NUMBER IN ORIGINAL ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mullins v. Hall
- Author : Court of Appeals of Kentucky NO NUMBER IN ORIGINAL
- Release Date : January 17, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
The appeal was granted by the circuit court following dismissal of a petition upon a general demurrer. The petition sought
to set aside a bond executed by the plaintiffs to discharge an order of attachment of property. Neither the petition nor the
copy of the bond reveals the amount or value of the property attached or the judgment which it appears the principals and
sureties bond themselves to perform; nor, did the trial court state in the judgment "the actual value in controversy' as is
required upon request. KRS 21.070. The statement of appeal does not say whether the appeal is prosecuted under KRS 21.080
as is required by RCA 1.090. The statute, KRS 21.060, gives the right of appeal from all final orders and judgments of circuit courts in civil cases except,
among others, "(a) Judgments where the value of the amount or thing in controversy is less than twenty-five hundred dollars,
exclusive of interest and costs.' When the amount in controversy is within this exception, the aggrieved party may file a
motion in the Court of Appeals to grant him an appeal and the case is submitted upon that motion. KRS 21.080. Where the judgment
is within this class, or is within any of the circumscribed limitations, the circuit court has no power to grant an appeal
and this court will raise the question sua sponte and dismiss an appeal so granted. Stephens v. Davis, 286 Ky. 608, 151 S.W.2d
384.
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