City of Lexington v. Jones

Opinion op the Court by

Morris, Commissioner

Reversing.

In the suit helow appellant was defendant, and named appellee and one other, plaintiffs, who sued for the benefit of other persons similarly situated, a number of whom, 75 or more, came into the case by intervening" petition. Original petition was filed in August 1936; intervening petitioners filed in November 1940, and judgment was rendered a year later. Why the delay is not shown.

Plaintiffs’ properties lay outside and to the east of the city, in what is known as “Ashland Park,” made up of several subdivisions, and at the time of the…