Carrick v. Garth

Opinion of the Court by

Judge Settle.

Affirming.

This is the second appeal in this case. We quote from the opinion on the first appeal (Carrick, etc. v. Earth, etc., 159 Ky., 505), such of the facts as give the history of the case down to its return to the circuit court after the reversal of the judgment by this court, which resulted solely from the erroneous ruling of the circuit court in dismissing the appeal taken to that court by the appellants from the judgment of the county court:

*619“Appellees, Garth and others, instituted in the Scott County court a proceeding seeking the alteration of a…