WEBB TRANSFER LINE, INC. v. MEIGS


361 S.W.2d 761 (1962)

WEBB TRANSFER LINE, INC., et al., Petitioners, v. Honorable Henry MEIGS, Judge of the Franklin Circuit Court, Respondent.

Court of Appeals of Kentucky.

November 2, 1962.


Attorney(s) appearing for the Case

Harry McChesney, Jr., Frankfort, for petitioner.

Marion Rider, Frankfort, for respondent.

George M. Catlett, Frankfort, for intervenor and Herbert D. Liebman, Frankfort, Ky.


WADDILL, Commissioner.

The sole question raised is whether respondent may exercise his discretion to grant or deny a request for an extension of time pursuant to CR 73.02(1) under the circumstances presented in this proceeding.

In a written memorandum opinion the respondent indicated that he is precluded from exercising discretion in view of the provisions of CR 77.04 and the fact that the petitioners signed a statement on a copy of the judgment waiving notice...

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