Cox v. Simmerman

Opinion op the Court by

Drury, Commissioner

Reversing.

These same parties were here once before. See Cox v. Simmerman, 243 Ky. 474, 48 S. W. (2d) 1078, 1080. That appeal was from a judgment of the Ohio circuit court, dismissing an oft-amended petition of the plaintiffs after a general demurrer had been sustained to it and they had declined to plead further. After that judgment had been affirmed, the same plaintiffs filed a petition in the McLean circuit court, and, the plaintiffs again declining to plead further, their petition was dismissed, and they have appealed, and again the record fails to…