American Car & Foundry Co. v. Sellards
American Car & Foundry Co. v. Sellards
Opinion of the Court
Opinion op the Court by
Dismissing Appeal.
Though plaintiffs united in the action, each sought a recovery for the time that he or she owned the land. The interest of each was several and distinct. There was a separate recovery in favor of each. The test of jurisdiction is the amount of each recovery. The recoveries being several and distinct, they cannot be added together for the purpose of conferring jurisdiction. That being true, and the finding in favor of each plaintiff being less than $200, exclusive of interest and costs, this court is without jurisdiction to entertain the appeal. Kentucky Statutes, section 550; Oswald v. Morris, 92 Ky., 48; Fehler v. Gosnell, 99 Ky., 380.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.