RILEY v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS


375 S.W.2d 245 (1963)

Clifton RILEY, Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing February 14, 1964.


Attorney(s) appearing for the Case

Don A. Ward, Hazard, for appellant.

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Jarvis Allen, Pikeville, for appellee.


PALMORE, Judge.

Clifton Riley, one of several codefendants in a highway condemnation proceeding, appeals a judgment of the circuit court dismissing his appeal from county court because he failed to name some of his codefendants as parties to the appeal. The contention of the state, in which the circuit court concurred, is that the codefendants were indispensable parties and that if they declined to join as appellants they should have been joined with the state as...

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