136 Ky. 495 | Ky. Ct. App. | 1910
Opinion of the Court by
Tom B. Spalding is the clerk of the Marion circuit court. There were a number of indictments pending in that court against Wathen, Mueller & Co., in which Spalding’s fees against them amounted to $55.30. He brought this suit on October 12, 1909, against them to recover this amount, charging that the services were rendered to the defendants more than 60 days before the filing of the petition and since January 1,1909. The defendants filed a general demurrer to the petition. The circuit court sustained the de
Section 950, Ky. St., among other things provides: “No appeal shall be taken to the court of appeals from a judgment for the recovery of money or personal property, if the value in controversy be less than two hundred dollars, exclusive of interest and cost.” After specifying other cases not here material, in which no appeal may be taken, the section concludes with these words: “In all other civil cases, the court of appeals shall have appellate jurisdiction over the final orders and judgments of all courts.” This is an action to recover $55.30. The judgment dismissing the petition is simply a judgment refusing a recovery of $55.30. The value in controversy is $55.30. Nothing else is involved. The case, therefore, falls literally within the provision of the statute above quoted. The cases relied on by appellant in which this court took jurisdiction were all appeals from judgments which were not for the recovery of money or personal property. Thus in ex parte Herrick, 78 Ky. 23, the appeal was taken from an order refusing to issue to a witness a certificate of his attendance. The thing there in controversy was the right of the witness to a certain paper. By the statute this court has jurisdiction in all cases subject to the exceptions it contains. One of the exceptions is that no appeal shall be taken from a judgment for the recovery of money or personal property if the value in controversy be less than $200, exclusive of interest and cost. To bring a case within the excep
Appeal dismissed.