McCOWAN v. BOND


249 S.W.2d 536 (1952)

McCOWAN et al. v. BOND et al.

Court of Appeals of Kentucky.

May 30, 1952.


Attorney(s) appearing for the Case

Fritz Krueger, Somerset, for appellants.

Lewis & Weaver, London, J. R. Llewellyn, McKee, for appellees.


CLAY, Commissioner.

This appeal is from a judgment restraining the County Judge of Jackson County and others from proceeding to establish a county road. Appellants' contention is that in effect the judgment constituted a writ of prohibition which the circuit court was unauthorized to issue.

On August 27, 1947, the appellant plaintiffs filed an ex parte petition in the Jackson county court to establish a public passway as a county road. This action appears...

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