WHARTON v. COLE


374 S.W.2d 498 (1964)

Jack WHARTON et al., Appellants, v. Mattie Hays COLE, Appellee.

Court of Appeals of Kentucky.

January 17, 1964.


Attorney(s) appearing for the Case

Don B. Mills, Barbourville, Glenn W. Denham, Middlesboro, for appellants.

Charles G. Cole, Jr., Cole & Cole, Barbourville, for appellee.


MONTGOMERY, Judge.

Jack Wharton and the City of Barbourville appeal from a judgment in favor of Mattie Hays Cole by which they are permanently enjoined from doing certain acts. Appellants question the authority of the court to render a judgment without notice of the hearing and without giving them an opportunity to be heard.

On August 17, 1961, appellee sued to enjoin appellants from doing certain acts in connection with property on the floodwall constructed...

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