Smith v. State Highway Commission

Opinion

Per Curiam —

Overruling Motion to Docket, Advance and Submit.

This case is before the court on a motion to docket, advance, and submit the appeal; the original record used in the lower court being tendered as the record on the appeal. The motion to docket the case must be overruled without prejudice to a renewal of the motion when a transcript of the record regularly made up is tendered in lieu of this original record.

The profession seems not to be fully aware of the opinion of this court in Jones v. Baker, 231 Ky. 135, 21 S. W. (2d) 143, wherein we pointed out that the Civil Code of…