LOUISVILLE TRUST CO. v. SMITH


230 S.W.2d 64 (1950)

313 Ky. 15

LOUISVILLE TRUST CO. et al. v. SMITH.

Court of Appeals of Kentucky.

May 16, 1950.


Attorney(s) appearing for the Case

Allen, McElwain, Dinning, Clark & Ballantine, Louisville, Davis, Boehl, Viser & Marcus, Louisville, for appellants.

Walter B. Smith, Louisville, for appellee.


MORRIS, Commissioner.

In Smith v. Louisville Trust Co. et al., 308 Ky. 189, 213 S.W.2d 987, we held that the original petition did not state a cause of action for the settlement of the estate involved, in that it did not contain the averments prescribed in Section 429 of the Civil Code of Practice.

Upon return of the case to the Circuit Court, appellants filed motion for permission to file an amended petition. Objection was entered thereto and the court denied...

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