Harber v. Kentucky Ridge Coal Co.

ALLEN, Circuit Judge.

The sole question presented in this appeal is whether under Kentucky law an administratrix who has been duly appointed in Kentucky may be removed without notice on the ground that she has changed her residence to another state, no prejudice being shown. The District Court held that the Kentucky statutes did not require such notice and that under the facts of this record the removal did not violate the constitutional guaranty of due process.

The case arises out of a previous controversy, Carlson v. Asher Coal Mining Co., 6 Cir., 172 F.2d 243, in which this court held that…