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COMMONWEALTH v. BERRYMAN

363 S.W.2d 525 (1962)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Martha BERRYMAN, Widow, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 1, 1963.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., Paul E. Hunley, Atty., Dept. of Highways, Frankfort, for appellant.

John Marshall Prewitt, Mt. Sterling, Max E. Conn, Ames, Iowa, for appellees.

PALMORE, Judge.

This is a highway condemnation case originating in the Montgomery County Court and governed by the provisions of KRS 177.081 et seq. The report of commissioners awarding the landowner $13,540 was confirmed by a judgment of the county court entered on September 19, 1958. The Commonwealth filed its appeal in the Montgomery Circuit Court on October 17, 1958, within the 30-day period allowed by KRS 177.087. The landowner did not appeal or otherwise plead...

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