Court of Appeals of Kentucky.

SMITH

v.

SMITH.

Feb. 5, 1926.

Appeal from Circuit Court, Knox County.

Action by Albert Smith against Alex Smith, with counterclaim by defendant. From a judgment sustaining a demurrer to the answer and counterclaim, and dismissing same, defendant appeals. Reversed and remanded.

CLARKE, C. J.

This is an appeal by the defendant from a judgment sustaining a demurrer to his answer and counterclaim, and dismissing same.

As counsel for appellee concedes this was error for which the judgment must be reversed, and moves that the appeal be disposed of as speedily as possible, the motion to advance is sustained, the judgment reversed, and the cause remanded for preparation and trial on the merits.

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