MERRICK v. SMITH


347 S.W.2d 537 (1961)

Ryon MERRICK et al., Petitioners, v. Honorable Macauley L. SMITH, Judge, Jefferson Circuit Court, etc., et al., Respondents.

Court of Appeals of Kentucky.

June 23, 1961.


Attorney(s) appearing for the Case

James W. Hendricks (Marshall, Cochran, Heyburn & Wells), Louisville, for petitioners.

Joseph E. Stopher, Louisville, for respondents.


STANLEY, Commissioner.

This is an original action seeking an order of mandamus against Honorable Macauley L. Smith, a Judge of the Jefferson Circuit Court, requiring him to enter a judgment incorporating a certain area as the town of Lynnwood.

The statute deprives a circuit court of discretionary power as to the establishment of a town where the prescribed conditions have been complied with, and states that there...

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