Stephenson v. Boswell

This is the second motion for appeal we have entertained in this case. The judgment of the lower court dismissing plaintiffs’ complaint was affirmed by our ruling in Stephenson v. Boswell, Ky., 312 S.W.2d 360.

Plaintiffs’ complaint was dismissed for failure to introduce any evidence in support of their claim. After our affirmance of this judgment, the plaintiffs moved to re-docket the case for a trial on the merits, which motion the trial court overruled. Obviously there was no case pending which could be redocketed. The dismissal of this action, which we affirmed, terminated it. Whether the…