Livingston County v. Adams

• Decision Date: 08 May 1923
• Citation: 199 Ky. 127,250 S.W. 811
• Parties: LIVINGSTON COUNTY ET AL. v. ADAMS ET AL.
• Court: Kentucky Court of Appeals

250 S.W. 811

199 Ky. 127

LIVINGSTON COUNTY ET AL. v. ADAMS ET AL.

Court of Appeals of Kentucky.

May 8, 1923

Appeal from Circuit Court, Livingston County.

Proceeding for declaratory judgment between Livingston County and others and L. H. and L. D. Adams. From a judgment in favor of the latter, the former appeal. Appeal dismissed.

J. R. Wells, of Smithland, for appellants.

C. H. Wilson, of Smithland, and C. C. Grassham and L. B. Alexander, both of Paducah, for appellees.

SAMPSON, C.J.

The Declaratory Judgment Act of 1922 (Laws 1922, c. 83), under which this proceeding was instituted, provides that any party aggrieved by a declaratory judgment, order, or decree rendered in the circuit court may, within 60 days after such judgment, order, or decree has become final, take and perfect an appeal to the Court of Appeals in the manner now provided by law for appeals. Should the party aggrieved not take and perfect an appeal to the Court of Appeals within the time above provided, the declaratory judgment, order, or decree shall become final, and no appeal or proceeding to modify or reverse shall thereafter be allowed.

It will be noted that the appeal must be prosecuted within 60 days from the taking effect of the judgment. The judgment appealed from in this case was rendered December 13, 1922. The appeal was filed in this court February 13, 1923; and if you count the day on which the judgment was entered and the day on which the appeal was filed, we have more than 60 days. If, however, we count only one of those days, we have 62 days. Manifestly the appeal was not filed within the time provided by the act, and for that reason this court has no jurisdiction. The appeal is therefore dismissed.

Appeal dismissed.