Stillpass v. Niblack

PALMORE, Judge.. This is an original proceeding by which the landowners in a condemnation suit seek collaterally to prevent the taking’ of their property while they are still litigating the issue of the condemnor’s right to take. The respondent as Judge of the Boone County Court having entered a judgment adverse to their contention, they ask this court to prohibit him from issuing a writ of possession, citing Const. § 110 and RCA 1.420.

It was pointed out in Cunnigan v. Jones, Ky., 371 S.W.2d 624 (1963), Coffey v. Anderson, Ky., 371 S.W.2d 624, 625 (1963), and Howell v. Wilson, Ky., 371 S.W.2d…