COMMONWEALTH REEVES v. UNKNOWN HEIRS OF BROWN


249 S.W.2d 52 (1952)

COMMONWEALTH et al. ex rel. REEVES, Commissioner of Revenue et al. v. UNKNOWN HEIRS OF BROWN.

Court of Appeals of Kentucky.

May 16, 1952.


Attorney(s) appearing for the Case

Roy W. House, Manchester, Cleon K. Calvert, Pineville, for appellants.

H. M. Sutton, Corbin, J. J. Tye, Barbourville, for appellees.


CLAY, Commissioner.

We have before us an appeal from an order setting aside a former judgment and granting the defendants, appellees, a new trial. It must be dismissed for lack of jurisdiction.

In 1942 a judgment affecting the rights of the defendants was entered in the Clay circuit court. Within five years thereafter they filed a motion to set aside the judgment and to be granted a new trial, on the ground that they had been constructively summoned in the...

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