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Smith v. Smith, (1926)

Court: Court of Appeals of Kentucky (pre-1976) Number:  Visitors: 7
Judges: OPINION OF THE COURT BY CHIEF JUSTICE CLARKE
Attorneys: W.A. BRITTAIN and THOS. D. TINSLEY for appellant. R.N. JARVIS, J.J. TYE and HIRAM H. OWENS for appellee.
Filed: Feb. 05, 1926
Latest Update: Mar. 02, 2020
Summary: Reversing. This is an appeal by the defendant from a judgment sustaining a demurrer to his answer and counterclaim and dismissing same. As counsel for appellee concedes this was error for which the judgment must be reversed and moves that the appeal be disposed of as speedily as possible, the motion to advance is sustained, the judgment reversed and the cause remanded for preparation and trial on the merits. *Page 763

Reversing.

This is an appeal by the defendant from a judgment sustaining a demurrer to his answer and counterclaim and dismissing same.

As counsel for appellee concedes this was error for which the judgment must be reversed and moves that the appeal be disposed of as speedily as possible, the motion to advance is sustained, the judgment reversed and the cause remanded for preparation and trial on the merits. *Page 763

Source:  CourtListener

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