PEERS v. COX


356 S.W.2d 768 (1961)

Earl E. PEERS, Appellant, v. Edgar B. COX et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 25, 1962.


Attorney(s) appearing for the Case

Cecil C. Wilson, Louie B. Nunn, Glasgow, for appellant.

George J. Ellis, Jr., Shelley T. Riherd, County Atty. Barren County, Glasgow, for appellees.


CLAY, Commissioner.

This action was brought in the circuit court by appellant to have declared void a judgment of the Barren County Court discontinuing a portion of a county road, and to obtain an injunction requiring appellee Cox to remove obstructions. The trial court dismissed the claim on the ground the county court judgment was valid on its face and could not be collaterally attacked.

While this proceeding is in the nature of a direct attack upon the...

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