Edwards v. Howard, Laurel, 1899

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EDWARDS v. HOWARD.

COURT OF APPEALS OF KENTUCKY

49 S.W. 964; 1899 Ky. LEXIS 482; 20 Ky. L. Rptr. 1667

March 4, 1899, Decided

PRIOR HISTORY:  [**1]

Appeal from circuit court, Laurel county.

Action by one Howard, trustee, against one Edwards. Judgment for plaintiff. Defendant appeals.

DISPOSITION: Motion to dismiss appeal. Granted.

COUNSEL: Alcorn & Craft, for appellant.

Chas. R. Brock and Tinsley & Faulkner, for appellee.

JUDGES: HAZELRIGG, C. J.

OPINION BY: HAZELRIGG

OPINION

 [*964]  HAZELRIGG, C. J. The verdict of the jury was for $211.34, less a credit of $25.47, and judgment was rendered accordingly. On the motion for a new trial, the trial court announced, in substance, that certain items of the account sued on were not sustained by the evidence. The plaintiff thereupon filed a statement remitting some $51 of the judgment, and the motion for a new trial was overruled. On the same day, judgment was entered for the sum of $160 ($211—$51) less $25.47, and also less $45.47. This judgment leaves the amount in controversy on this appeal less than $100, and the motion to dismiss must prevail. It may be that the additional credit of $45.47 was a mistake, but the motion of appellee here is equivalent to an election to stand by that judgment. Motion sustained, and appeal dismissed.