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147 Ky. 84

Carter v. Depp

Court of Appeals of Kentucky

Decided February 22, 1912

Court of Appeals of Kentucky · decided 1912-02-22

<p>Appeal — Jurisdiction.—A proceeding in which one is fined $5.00- for ■ failing to work on the county road is purely a civil one,, and because the amount in controversy is below the jurisdiction of -this court, the appeal must be dismissed.</p>

Decided 1912-02-22

¶1Opinion of the Court by

Judge Lassing —

¶2Dismiss-ing appeal.

¶3Appellant, Lester Carter, was tried in the Quarterly *85Court of Metcalfe County and fined $5.00 and costs for failing to work upon the county road. He instituted a suit in the circuit court, in which he sought to have the judgment in the quarterly court set aside. A special demurrer was sustained by the circuit court, and the suit dismissed. From that judgment he prosecutes this appeal.

¶4This was a civil proceeding, pure and simple, and the amount involved is only $5. By section 950, of the Kentucky Statutes, it is provided that no appeal lies to this court from a judgment of the circuit court if the amount in controversy be less than $200, exclusive of interest and costs. This court is without, jurisdiction and the appeal is dismissed.

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