Bennett v. Com.
| Decision Date | 30 January 1959 |
| Citation | 322 S.W.2d 706 |
| Parties | Garland BENNETT et al., Appellants, v. COMMONWEALTH of Kentucky, Department of Highways, Appellees. |
| Court | United States State Supreme Court — District of Kentucky |
Robert E. Humphreys, Jr. and John W. Beard, Humphreys, Jones, Beard & Rummage, Owensboro, for appellants.
Dennie Gooch, Jr., Dept. of Highways, Frankfort, for appellees.
Motion by Garland Bennett and wife for an appeal from a judgment of the Daviess Circuit Court which dismissed, on the motion of the Department of Highways, an appeal taken by the department from a condemnation judgment of the Daviess County Court, and which also dismissed, on the department's motion, an attempted cross-appeal by the Bennetts, on the ground that it was filed too late.
The arguments advanced by the Bennetts, as to why they should be entitled to a trial in the circuit court on the issue of insufficient damages, notwithstanding that they did not file their cross-appeal within the time required by KRS 177.087, are the same arguments that were rejected by this Court in Bullitt v. Commonwealth, Ky., 298 S.W.2d 290.
The fact that the county court, in its judgment finding that the Department of Highways had the right to condemn, recited that the landowners had not questioned the authority of the department to condemn the land, whereas in fact the answer of the landowners in the county court did question the authority to condemn, would not make the judgment void, but merely erroneous, and the error could be remedied only by a timely appeal. See Crawford v. Riddle, 241 Ky. 839, 45 S.W.2d 463.
The motion for an appeal is overruled and the judgment stands affirmed.
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...judgment, he cannot claim more than was awarded in the lower court. See Bullitt v. Commonwealth, Ky., 298 S.W.2d 290; Bennett v. Commonwealth, Ky., 322 S.W.2d 706; Commonwealth v. Mayo, Ky., 324 S.W.2d 802. We have overruled the appellees' motion to dismiss since the judgment should be cons......
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...to claim more than * * * the amount of the county court judgment.' Keeney v. Com., Ky.1961, 345 S.W.2d 481. See also Bennett v. Com., Ky.1959, 322 S.W.2d 706. The Commonwealth never questioned the defective appeal and did not object to the court's failure to limit recovery to $13,540 in its......
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Com., Dept. of Highways v. Clarke
...the cross-appeal was not in time the question of insufficiency of the damages could not be litigated in the circuit court, Bennett v. Commonwealth, Ky., 322 S.W.2d 706.) The statute governing the particular condemnation procedure followed in this case, KRS 177.087, requires that an appeal o......
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Com., Dept. of Highways v. Scott
...in maximum recovery to the amount of the county court judgment. Bullitt v. Commonwealth, Ky., 298 S.W.2d 290 (1957); Bennett v. Commonwealth, Ky., 322 S.W.2d 706 (1959). The rule applies equally to a defective appeal by the condemnor. See Commonwealth, Dept. of Highways v. C. S. Brent Seed ......