LYKINS v. PIERATT


225 S.W.2d 309 (1949)

311 Ky. 739

LYKINS v. PIERATT et al.

Court of Appeals of Kentucky.

December 16, 1949.


Attorney(s) appearing for the Case

Edward E. Bach, Campton, for appellant.

Lewis A. White, Mt. Sterling, W. C. Hamilton, Jr., Mt. Sterling, for appellees.


CLAY, Commissioner.

This suit was brought in the Menifee Circuit Court by appellees to recover damages for appellant's alleged breach of a timber contract. The latter filed a special demurrer alleging that a prior action was pending in the Wolfe Circuit Court "between the same parties over the same subject matter". This demurrer was overruled and the parties went to trial, resulting in a verdict for appellees.

The only question raised on this appeal is whether...

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