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198 Ky. 208

Mills v. Dawson

Court of Appeals of Kentucky

Decided March 9, 1923

Court of Appeals of Kentucky · decided 1923-03-09

Relies on Mills v. Dawson

Good law ✅— No negative treatment on recordhow we know

Decided 1923-03-09

How this case has been cited

Cited by 12 later decisions — most recently November 1959

3 federal appellate · 9 state decisions

701923193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion op the Court by

Turner, Commissioner—

¶2Affirming.

¶3This is an action by appellants as plaintiffs seeking an injunction against the defendants, who are chiefly officers of Logan county, to prevent them from further issuing warrants against the plaintiffs, or further hearing warrants already issued, or further prosecuting them for alleged obstructions of a public road or passway.

¶4It is a branch of and an offshoot from the appeal recently decided by this court of Mills v. Dawson, 197 Ky. 518. The lower court in this case sustained a demurrer to the plaintiffs’ petition and dismissed same, while this court in the opinion referred to settled the whole controversy between the parties as to the road or passway in question.

¶5The decision of this court was adverse to the rights asserted by appellants in this case, and that case seems to be conclusive of the question that the court in this case properly sustained the demurrer.

¶6Judgment affirmed.

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