BARNETT v. SMITH


239 S.W.2d 923 (1951)

BARNETT v. SMITH.

Court of Appeals of Kentucky.

Rehearing Denied June 15, 1951.


Attorney(s) appearing for the Case

Carroll Morrow, Madisonville, for appellant.

Waddill, Laffoon & Nichols, Madisonville, for appellee.


LATIMER, Justice.

This appeal is prosecuted from judgment dismissing appellant's petition below against appellee, Walter Smith. By agreement of all the parties and upon appellant's motion so to do, this appeal is to be considered upon the transcript in the appeal of Story et al. Barnett, Adm'r., Ky., 239 S.W.2d 921; wherein appellant here sought judgment against both Smith, appellee here, and the Storys, appellants there.

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