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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ELKIN

420 S.W.2d 688 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Dallas R. ELKIN et ux., Appellees.

Court of Appeals of Kentucky.

November 24, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Charles W. Huddleston, Bowling Green, for appellant.

G. D. Milliken, Milliken & Milliken, Bowling Green, for appellees.

EDWARD P. HILL, Judge.

This is an appeal from a circuit court judgment for $5000 in a highway condemnation case. The amount of the county court judgment was $3760.40, from which only the Commonwealth appealed.

The judgment of the circuit court cannot exceed the amount of the judgment in the county court. Cf. Commonwealth, Department of Highways v. Berryman, Ky., 363 S.W.2d 525 (1962); Commonwealth, Department of Highways...

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