194 Ky. 550 | Ky. Ct. App. | 1922
Opinion of the Court by
Dismissing the appeal.
Alleging that he was the owner of a certain tract of land and that the defendant, Andrew Frazier, had cut and removed therefrom timber of the value of $185.00, plaintiff, Philip Ison, brought suit against the defendant on March 1,1918, to recover damages. On April 1,1918, ■defendant filed a demurrer to the petition and the cause was submitted on the demurrer. On January 30, 1920, plaintiff filed an amended petition, stating that the defendant had cut and removed timber of the value of $185.00. On January 31, 1920, the demurrer to the petition and amended petition was overruled. The defendant asked for further time to file an answer. The court overruled the motion, but offered to allow the defendant to plead on that day or to controvert the petition and amended petition of record. Defendant declined, to do either and the court ordered the trial to proceed. The allegations of the petition and amended petition were taken for confessed, and the question of damages submitted to a jury, which returned a verdict in favor of plaintiff for $185.00, and judgment was entered accordingly. A new trial was asked on the ground that the court erred in refusing to give the defendant a reasonable time in which to answer and in ordering the case to go to trial in the absence of the defendant who, it is claimed, left the courthouse with the understanding between him and the court that he was to be notified when the case was called. The motion for a new trial having been overruled, defendant appeals.
At the outset we are met by a motion to dismiss the appeal for want of jurisdiction. On appeals from judgments for the recovery of money, our jurisdiction is limited to cases where the amount in controversy, exclusive óf interest and costs, is as much as $200.00. Section 950,
Appeal dismissed.