City of St. Matthews v. Smith

DUNCAN, Justice.

This original action seeks a special writ of mandamus to require respondent, Judge of the Jefferson Circuit Court, Chancery Branch, First Division, to set aside his order abating two remonstrance actions pending before him styled F. S. Goodrich, et al. v. City of St. Matthews, and J. Clay Murphey, Jr. v. City of St. Matthews.

The two actions which were abated are suits filed under the provisions of Chapter 81 of the Kentucky Revised Statutes, protesting the annexation of certain territory proposed to be annexed by the City of St. Matthews, a city of the sixth class. The City of…