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175 Ky. 454

McCoy v. Carran

Court of Appeals of Kentucky

Decided May 4, 1917

Court of Appeals of Kentucky · decided 1917-05-04

<p>Appeal and Error — Setting Aside Order and Redocketing Case. — ■ An appellant has the right to have his case decided; and where an order was inadvertently entered affecting a case upon the authority of another case presenting the same question, it will he set aside upon motion and the case redocketed.</p>

Relies on Carran v. City of Ludlow

Decided 1917-05-04

¶1Opinion op the Court by

Judge Miller

¶2Sustaining motions.

¶3*455Li the aetiófi of B. B. Garran v. City of Ludlow to enjoin the construction of Ludlow Highway, Mrs. Elizabeth McCoy intervened asking the same relief. The circuit court dismissed the petitions and Carran and _Mrs. McCoy prosecuted separate appeals to the April, 1917, term of this court. Upon Carran’s motion his appeal was docketed, advanced and submitted on January 10, 1917, and affirmed on March 9th. Carran v. City of Ludlow, 174 Ky. 529. .

¶4By a clerical mistake, however, the opinion was treated as applying to both cases, and an order was inadvertently entered affirming both appeals.

¶5Notwithstanding this order the McCoy case appeared upon the April docket of this court.

¶6Mrs. McCoy now moves the court to set aside the order affirming the judgment in her appeal, and to reinstate the case upon the docket.

¶7These motions will have to be sustained; for although the principal question presented upon this appeal was decided in the Carran case, the’appellant has the right to have her case tried before it is decided.

¶8Motions sustained.

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