Lindsey v. Wilson

STANLEY, Commissioner.

We have a motion for an appeal, KRS 21.080, from a judgment dismissing a complaint seeking damages for the wrongful injury to gas pipe lines on a leasehold and the loss of production.

Service of notice of an appeal was had upon the defendants in the action on February 25, 1958, and the motion for an appeal was filed here April 23, 1958. Our Clerk notified appellees’ attorney on September 25, 1958, that his brief was past due and later advised him that the case had been submitted on October 17, 1958. But no brief has been filed by the appellees. Under our Rule 1.260 we…