October 10, 2012

Chestnut, et al. v. Corbin Banking Co., Laurel, 1906

Previously:

Click here for a list of my other Pulaski/Rockcastle/Laurel County KY articles

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CHESTNUT et al. v. CORBIN BANKING CO.

COURT OF APPEALS OF KENTUCKY

94 S.W. 633; 1906 Ky. LEXIS 334

June 12, 1906, Decided

PRIOR HISTORY:  [**1]
Appeal from Circuit Court, Laurel County.
"Not to be officially reported."
Action by the Corbin Banking Company against D. T. Chestnut and others. From the judgment, defendants appeal.

DISPOSITION: Appeal dismissed.

COUNSEL: James M. Hays, for appellants.

Brown & Brock and J. C. Maynor, for appellee.

JUDGES: NUNN, J.

OPINION BY: NUNN

OPINION

 [*633]  NUNN, J. This action was instituted upon a note for $ 80. Appellants answer by pleading a counterclaim for less than $ 200.

They admitted the amount of the note and asked for a judgment on their counterclaim for the excess above the amount of the note. We are of the opinion that we have not jurisdiction of this appeal as the amount in controversy is less than $ 200. It is true that the appellants allege in their answer that the $ 80 note sued on was executed for the purchase price and was a lien on a tract of land; admitting this to be true there was no effort on the part of the appellee in this action to enforce the lien and deprive the appellants of any part of their land or affect the title thereto.

For these reasons the appeal is dismissed.

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