283 S.W.2d 851 | Ky. Ct. App. | 1955
The trial court directed a verdict in favor of the appellee, defendant below, proponent of a holographic will allegedly written by his deceased wife. The appellant filed a notice of appeal in the circuit court and filed the record in the office of the Clerk of the Court of Appeals.
The amount in controversy is more than $200, exclusive of interest and costs, but less than $2500. In such cases, KRS 21.080 provides that an appeal may be prosecuted “upon paying the tax and filing the record in the office of the Clerk of the Court of Appeals in the time and manner provided by law, and entering a motion that the appeal he granted." (Our emphasis) The provisions of this statute are mandatory and in the absence of a strict compliance therewith this Court does not obtain jurisdiction of the subject matter. RCA
Since no motion for an appeal was made in the instant case, this Court does not have jurisdiction of the action and the appeal must be and is hereby dismissed.