BARKER v. BRESLIN


329 S.W.2d 578 (1959)

Robert BARKER et al., Petitioners, v. Hon. John A. BRESLIN, Jr., Special Judge, Estill Circuit Court, Respondent.

Court of Appeals of Kentucky.

December 4, 1959.


Attorney(s) appearing for the Case

Shackelford & Burnam, Richmond, Strange & Pendleton, Stanton, for petitioners.

Judge John A. Breslin, pro se.


CLAY, Commissioner.

This is a petition for an order of prohibition and mandamus to require respondent, Hon. John A. Breslin, Jr., as circuit judge, to permit petitioners to have a jury trial in a case now pending before him.

This is a libel suit. It was called for trial before a jury. After eight days of oral testimony, the court on its own initiative, and under the provisions of CR 39.01 (3), discharged the jury and continued the case for trial before the...

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