
    Carter v. Joel R. Depp, Judge of the Metcalfe County Court, and A. J. Franklin, Sheriff of Metcalfe County.
    (Decided February 22, 1912.)
    Appeal from Metcalfe Circuit'Court.
    Appeal — Jurisdiction.—A proceeding in which one is fined $5.00- for ■ failing to work on the county road is purely a civil one,, and because the amount in controversy is below the jurisdiction of -this court, the appeal must be dismissed.
    EUGENE HUBBARD for appellant.
    J. W. KINNAIRD for appellees.
   Opinion of the Court by

Judge Lassing —

Dismiss-ing appeal.

Appellant, Lester Carter, was tried in the Quarterly Court of Metcalfe County and fined $5.00 and costs for failing to work upon the county road. He instituted a suit in the circuit court, in which he sought to have the judgment in the quarterly court set aside. A special demurrer was sustained by the circuit court, and the suit dismissed. From that judgment he prosecutes this appeal.

This was a civil proceeding, pure and simple, and the amount involved is only $5. By section 950, of the Kentucky Statutes, it is provided that no appeal lies to this court from a judgment of the circuit court if the amount in controversy be less than $200, exclusive of interest and costs. This court is without, jurisdiction and the appeal is dismissed.  