Commonwealth, Department of Highways v. Stahr

WILLIAMS, Judge.

In this original proceeding we are asked to prohibit Judge Elvis J. Stahr of the Graves Circuit Court from entering an order setting aside a judgment of the Graves County Court. Motion for a temporary order of prohibition has heretofore been sustained by this Court.

The Commonwealth of Kentucky, Department of Highways, instituted a condemnation proceeding in the Graves County Court on April 23, 1959. Judgment was entered on June 29, 1959. On January 17, 1960, Marie E. Sutton, the property owner, moved the Graves County Court to set aside the judgment. On December 13, 1960, the…