Public-domain · open source
OpenJurist

247 S.W.2d 37

Bogar v. Phillips

Court of Appeals of Kentucky

Decided March 7, 1952

Court of Appeals of Kentucky · decided 1952-03-07

Cited by 4 later decisions — most recently November 1966

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1952-03-07

View the full empirical analysis of this case →

CAMMACK, Chief Justice'.

¶1This is an appeal from a judgment giving the appellee a prior lien in the amount of $347.20 on the assets of Cross-Morris Coal Company by virtue of KRS 376.150-376.190. The appellants contend that their pre-existing mortgage upon the personal property of Cross-Morris Coal Company should be superior to the appellee’s lien. The appellants’ claim was for $1600. The appeal was granted below.

¶2At the outset we are confronted with the question of jurisdictional amount. For any money judgment for as much as $200 and less than $500 the lower court does not have the authority to grant an appeal. KRS 21.080. An appeal can be granted by this Court only upon motion. The appel-lee’s lien was for $347.20 and that is the only amount in issue. The fact that the appellants’ inferior claim was for $1600 does not affect the appellee’s lien. This is simply an appeal from a judgmént allowing a claim for $347.20. Cox v. Higginbotham’s Adm’r, 76 S.W. 1079, 25 Ky.Law Rep. 1057.

¶3If the appellants’.claim were declared to be superior, they would be able to satis*38fy their claim without regard to the ap-pellee’s lien. In no event could the appellants’ position be enhanced by more than $347.20. Since the amount is less than .$500, the appeal must be dismissed.

¶4Wherefore, the appeal is dismissed.

/247/sw2d/37 · .json · Public domain