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Edwards v. Sims

Court of Appeals of Kentucky
24 S.W.2d 619 (1929)

Facts

Edwards (plaintiff) owned land that provided access to a cave complex known as the Great Onyx Cave. Edwards was the defendant in a lawsuit initiated by a neighboring property owner in which circuit court judge Hon. N.P. Sims (defendant) issued an order instructing that the cave complex be surveyed to determine whether a portion of the cave ran underneath the neighboring property and whether Edwards’ use of the cave constituted trespass. Edwards had no legal right to appeal Sims’ interlocutory order, so he filed a petition in the appellate court for a writ of prohibition against enforcement of Sims’ order.

Rule of Law

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Issue

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Holding and Reasoning (Stanley, C.)

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Dissent (Logan, J.)

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