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DANIEL v. FOURTH AND MARKET, INC.

445 S.W.2d 699 (1968)

Gerald DANIEL, Appellant, v. FOURTH AND MARKET, INC., et al., Appellees.

Court of Appeals of Kentucky.

November 22, 1968.

Attorney(s) appearing for the Case

Josephine P. Hughett, Hughett, Hughett & Hughett, Louisville, for appellant.

John G. Crutchfield, Jones, Ewen, MacKenzie & Peden, Louisville, for appellees.

PALMORE, Judge.

The principal question in this case is whether the provision of KRS 395.277 that an order reviving an action in the name of the representative or successor of a plaintiff "shall not be made without the consent of the defendant after the expiration of one year from the time the order might have been made" is subject to CR 6.02, under which, when an act is required "by statute or by these rules * * * to be done at or within a specified time, the court...

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