SHELY v. VOTAW


272 S.W.2d 462 (1954)

Richard S. SHELY, d/b/a Shely Construction Company et al., Appellants, v. Coleman VOTAW et al., Appellees.

Court of Appeals of Kentucky.

October 29, 1954.


Attorney(s) appearing for the Case

Buckley, Stilz & Rouse, Lexington, for appellants.

Taylor N. House, Robert E. Rice and Allen, Duncan, Duncan & Arnold, Lexington, for appellees.


COMBS, Justice.

An opinion was rendered reversing the judgment in this case at the 1954 spring term of court. On petition for rehearing appellees have raised for the first time a jurisdictional question. They now ask that the appeal be dismissed because no motion for an appeal has been made in this court.

The amount in controversy is $1,885.85. Appellants requested and were granted an appeal by the trial court and no motion for an appeal has been made here...

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