Merrick v. Smith

STANLEY, Commissioner.

This is an original action seeking an order of mandamus against Honorable Macauley L. Smith, a Judge of the Jefferson Circuit Court, requiring him to enter a judgment incorporating a certain area as the town of Lynnwood.

The statute deprives a circuit court of discretionary power as to the establishment of a town where the prescribed conditions have been complied with, and states that there shall be no appeal from such a judgment. KRS 81.060. Judge Smith filed an opinion in support of a proposed judgment declining to approve incorporation on the ground that it would…