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184 Ky. 105

Higgins v. Utterback

Court of Appeals of Kentucky

Decided April 29, 1919

Court of Appeals of Kentucky · decided 1919-04-29

<p>Appeal and Error — Costs.—An appeal cannot be taken to, nor granted by, tbe Court of Appeals from a judgment for costs.</p>

Cited by 3 later decisions — most recently May 1951

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1919-04-29

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¶1Opinion by

Judge Settle

¶2Overruling motion for appeal and affirming judgment.

¶3The appeal prayed in this case cannot be granted for two reasons, viz.: (1) The record fails to show that the amount or value in controversy is as much as $200.00, exclusive of interest and cost. (2) An appeal will not lie from a judgment for costs or from an order refusing *106a would-be~appellant a judgment for costs. As tbe appeal here moved for is from an order of tbe circuit court refusing tbe appellant her costs in that court, tbe Court of Appeals is without jurisdiction to grant or entertain the appeal. Ky. Stats., section 950; Civil Code, page 625.

¶4For the reasons indicated the motion for an appeal is overruled, and the appeal refused.

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