Court CasesDockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter. 20,326,509 Cases on record 546,498 Filed in the past 12 months Courts 18,076 Views of the top 100 this month Plain English translations Recent Court Filings Loading Map...
United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
AI Case summary available. Subscribe to PlainSite Pro to read it.
5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
AI Case summary available. Subscribe to PlainSite Pro to read it.
7
11
This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
AI Case summary available. Subscribe to PlainSite Pro to read it.
17
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
AI Case summary available. Subscribe to PlainSite Pro to read it.
20
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
AI Case summary available. Subscribe to PlainSite Pro to read it.
25
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
AI Case summary available. Subscribe to PlainSite Pro to read it.
26
30
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
AI Case summary available. Subscribe to PlainSite Pro to read it.
32
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
AI Case summary available. Subscribe to PlainSite Pro to read it.
41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
AI Case summary available. Subscribe to PlainSite Pro to read it.
45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
AI Case summary available. Subscribe to PlainSite Pro to read it.
49
60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
AI Case summary available. Subscribe to PlainSite Pro to read it.
62
63
64
This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
AI Case summary available. Subscribe to PlainSite Pro to read it.
67
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
AI Case summary available. Subscribe to PlainSite Pro to read it.
70
74
More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
AI Case summary available. Subscribe to PlainSite Pro to read it.
75
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
AI Case summary available. Subscribe to PlainSite Pro to read it.
77
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
AI Case summary available. Subscribe to PlainSite Pro to read it.
78
86
This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
AI Case summary available. Subscribe to PlainSite Pro to read it.
89
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
AI Case summary available. Subscribe to PlainSite Pro to read it.
93
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
AI Case summary available. Subscribe to PlainSite Pro to read it.
95
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
AI Case summary available. Subscribe to PlainSite Pro to read it.
The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
Cases by the year they were filed, back to the first federal dockets of the 1790s. 2020s
2010s
2000s
1990s
1980s
1970s
1960s
1950s
1940s
1930s
1920s
1910s
1900s
1890s
1880s
1870s
1860s
1850s
1840s
1830s
1820s
1810s
1800s
1790s
All reporters › ky-lexis › Volume 1941 Opinions in ky-lexis, volume 1941
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Martin v. Wilson Page 2 Affirming. The appellee, R.E. Wilson, brought this action in the Allen Circuit Court against G.L.… Snyder v. Crutcher Page 3 Reversing. Miss Laura Pepper owned a lot fronting 100 feet on Main Street in Frankfort which extended south between parallel lines 200 feet.… Affirming. In 1927 Lewis Stevens, hereinafter referred to as the plaintiff, entered the employment of the American Rolling Mill Company, hereinafter referred to as the Company.… Rose v. Reese Page 5 Reversing. William J. Moore departed this life on October 13, 1936, a resident of Knox county, Kentucky.… Reversing. On April 29, 1889, Samuel Moore, Sr., and wife executed and delivered to Henry R.… Elliott v. Commonwealth Page 7 Affirming. On a day in October, 1940, the appellant, William Elliott, then about twenty-one years of age, shot and killed Joe Tuggle in the jail of Whitley County.… Jones v. Commonwealth Page 8 Affirming. Upon the ground that he was entitled to an instruction on shooting and wounding through the reckless handling of a pistol, the appellant, Harlan Jones, seeks a reversal of a judgment sentencing him to prison for two years for maliciously shooting and wounding with intent to kill Mrs. Martha Francis.… Head v. Commonwealth Page 9 Reversing. Willard Head was convicted of the crime of rape and sentenced to serve a term of 10 years in the state reformatory.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Reversing. By the fourth clause of his will dated August 15, 1938, J.B.… McCarty v. Conley Page 12 Affirming. Prior to the 25th day of April, 1940, Perry McCarty was the owner of two tracts of land in Bath county, Kentucky.… City of Olive Hill v. Gearhart Page 13 Reversing. The appellee, D.V. Gearhart, is the owner of a lot on Main Street in the city of Olive Hill, a fourth class municipality.… Affirming. This appeal is from a judgment sustaining the action of the Workman's Compensation Board in awarding total permanent disability compensation to the appellee, Alton Myers.… Reversing. This action was instituted by the City of Paducah to condemn a piece of property belonging to the Paducah Ice Manufacturing Company for the purpose of building a flood wall.… Campbell v. Commonwealth Page 16 Affirming. The appellant shot and instantly killed Elhanon Jones, a deputy sheriff, while the latter was apparently trying to arrest him.… Reversing. This appeal involves the construction of Sections 883i-14 and 883i-15, Kentucky Statutes, which are a part of the Small Loan Law enacted by the General Assembly at its 1934 session and may be found in Chapter 17, page 32 of the Acts of that year.… Ralston v. Dossey Page 18 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Pieck v. Carran Page 19 Reversing. On the first appeal of this case (271 Ky.… Commonwealth v. White, Judge Page 20 Sustaining demurrer and dismissing petition.… Affirming. This action was instituted in the Franklin circuit court by the Commonwealth of Kentucky, on relation of Hubert Meredith, attorney general of Kentucky, Hubert *Page 74 Meredith, individually and as a citizen and taxpayer of Kentucky, and Hubert Meredith as attorney general of the Commonwealth, for a… Louisville N. R. Co. v. Gregory Page 22 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Morgan v. Walker Page 23 Reversing. *Page 94 This case involves the validity of a county wide local option election held in McCreary County June 14, 1941; Section 2554c-2 of the Statutes.… Blanton v. Noel Page 24 Reversing. This declaratory judgment action was originally filed in the Franklin circuit court on May 2, 1940, by D.C.… City of Newport v. Rawlings Page 25 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Burnam v. Commonwealth Page 26 Affirming. Appellant, Eugene Burnam, a negro, appeals from the judgment of the Fayette Circuit Court wherein he was convicted of the crime of rape and his punishment fixed at death.… Reversing. This action was brought by O.N.… Affirming. In August, 1937, Harlan Marcum filed his application for compensation with the Workmen's Compensation Board alleging that on the 3rd day of February, 1937, he was permanently and totally disabled by breathing impure air and gases in the course of his employment as a coal miner in one of appellant's mines.… Edwards v. Commonwealth Page 29 Affirming. This is a companion case to Stevens v. Com., 286 Ky.… Baringer v. Kaufman's Adm'r Page 30 Affirming in part and reversing in part. Mrs. Kaufman died intestate July 25, 1935, leaving surviving several daughters and sons and one infant grandchild.… Bullock v. Young Page 31 Opinion of the Count by -Affirming. In April, 1930, the appellee, plaintiff below, brought this action in the Fayette circuit court against appellant, defendant below, to recover the value of 120 shares oí stock of the Carrs Fork Coal Company, a Kentucky corporation.… Little v. Commonwealth Page 32 Affirming. At the October term, 1940, of the Breathitt circuit court an indictment was returned against Sam Little, charging him with the crime of dynamiting fish, an offense *Page 477 denounced as a felony by Section 1896-1, Kentucky Statutes (1936 edition).… Coombs' Adm'r v. Vibbert Page 33 Reversing. T.Y. Coombs died intestate a resident and citizen of Barren County, Kentucky, in August, 1939, at the age of 78 years.… Clark v. Taylor Page 34 Opinion op the Court by Affirming. This equity action was filed in the McCreary circuit court by appellee and plaintiff below, Anna Taylor, against her brother, George Clark, an appellant and a defendant below, and joined with him are the heirs of their deceased brother, Walter Clark, and some of the latter’s vendees… Reversing. On November 26, 1928, the appellee and plaintiff below, Chester H.… Stroup v. Illinois Cent. R. Co. Page 36 Dismissing appeal. The appellant, to whom we will refer as the plaintiff, brought this action in the Graves circuit court against appellee, defendant below, to recover of it the value of an automobile owned by her and to recover an additional sum for the loss of the use of the automobile during the interval between… Reversing. By this action, H. Clyde Reeves, Commissioner of Revenue, sought a writ of mandamus requiring J.… Keesee v. Smith Page 38 Affirming. Will M. Smith contracted to sell certain timber to J.… City of Lexington v. Edgerton Page 39 Reversing. Appellants, defendants below, are the officers charged with enforcement of city ordinances.… Zimmerman v. Segal Page 40 Affirming. The questions presented by this appeal are (1) the propriety of the trial judge in overruling appellant's motion to set aside a default judgment entered in favor *Page 34 of appellees; (2) whether the petition and exhibits are sufficient to sustain the default judgment.… Carter v. Lambert Page 41 Reversing. The appellant, Chas. C. Carter, and the appellee, J.H.… Long v. Commonwealth Page 42 Affirming. Charlie Spears and Dee Long were jointly indicted by the grand jury of the Cumberland Circuit Court for the murder of Marvin Spears.… Gray v. Commonwealth Page 43 Affirming. Zach Gray appeals from a judgment convicting him of grand larceny and imposing a sentence of one year's imprisonment.… Moorehouse v. Marcum Page 44 Affirming. This appeal involves the construction of the will of A.S.… Davisworth v. Middleton Page 45 Affirming in part and reversing in part. Theodore Middleton contests the nomination of Lonnie M.… Dixon v. Commonwealth Page 46 Affirming. Appellant and others named in the indictment were charged with murder.… Affirming. For the full term of four years immediately prior to the first Monday in January, 1938, Clyde M.… Reversing. Katie Fitzpatrick and George Fitzpatrick were married more than thirty years prior to his death in the year 1935.… Wooton v. Smith Page 49 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Eaton v. Trautwein Page 50 Reversing. Appellants, plaintiffs below, on October 3, 1938, proposed to sell to defendants a lot and improvements in Louisville, described as lot No. 2134, 25 x 140 feet, for $5,300, part cash, and the assumption of a loan.… Claypool v. Hines Page 51 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Hollowell v. Caldwell County Page 52 Affirming in part and reversing in part. This litigation involves the title to the minerals in a small tract of land of 1 acre and 14 square yards, *Page 91 which is located in Caldwell County about 3 miles north of Princeton.… Hoskins v. Turner Page 53 Affirming. Appellant and appellee sought nomination for the office of county attorney of Leslie County on the Republican ballot at the August, 1941, primary.… High Splint Coal Co. v. Cowans Page 54 Affirming. The appellee, Hugh Cowans, Jr., an employee of appellant, High Splint Coal Company, while attempting to remove a scotch or wedge from under the wheel of a loaded coal car in appellant's mine had a portion of two fingers cut off when the car was moved and the wheel ran over his fingers.… Bybee Bros., Inc. v. Imes Page 55 Affirming. The appellees, Mary Imes and Marilyn Carol Shallberg, brought their respective actions in the Jefferson Circuit Court against the appellant, a corporation, to recover damages for personal injuries sustained by them as the result of a collision between the automobile in which they were riding and a truck… Gearheart v. Hill Page 56 Affirming. In seeking the Democratic nomination for the office of county judge of Floyd county in the August 1941 primary Edward P.… Donnelly v. Taliaferro Page 57 Affirming. The appellee, John H. Taliaferro, was named sole devisee and executor by the will of his wife, Anna Delaney Taliaferro.… Columbia Amusement Co. v. Rye Page 58 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Hunt v. Commonwealth Page 59 Affirming. The appellant, Ernest Hunt, was jointly indicted with Truman Adkins and Junior Smith by the grand jury of Pike county at its September, 1940, term, charging them with the crime (denounced by Section 1164, Kentucky Statutes) of unlawfully and feloniously breaking into and entering the oil and millhouse of… Seligman v. Belknap Page 60 Reversing. The case involves the interpretation of the city and regional planning and zoning statute pertaining to cities of the first class.… Blackburn v. May Page 61 Affirming. Will Ann May lived on Pinson Fork of Pond Creek *Page 111 in Pike County.… Amburgey v. Draughn Page 62 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Batesville Casket Co. v. Fields Page 63 Reversing. On the 9th day of December, 1933, appellant, Batesville Casket Co., obtained judgment against appellee, R.M.… Gaither v. Gaither Page 64 Affirming. Edgar B. Gaither, individually and as trustee of his son, Edgar B.… Affirming. E.L. Norris died testate in 1924.… Gearheart v. Citizens Bank Page 66 Affirming. This action was instituted by appellee against the *Page 168 appellant and two other individuals, Evans and Townsend, to recover the balance due on a $2,000 promissory note executed to the Morehead State Bank, appellees' predecessor in title, by the Crandall Lumber Company, a defunct Georgia corporation… Murphy v. Menefee, Judge Page 67 Affirming. In February, 1937, a local option election was held in Lincoln County on the question of whether the local option law as provided in Chapter 1 of the 1936 Acts of the General Assembly of Kentucky, and perhaps other local option laws then in force, should be adopted in and for said county as a whole, and… Rice v. Commonwealth Page 68 Affirming. Late in the night of March 19, 1940, William True was shot in the restaurant of James Cleri on Wilkerson Street in Frankfort, Kentucky.… Rice v. Kentucky Utilities Co. Page 69 Affirming. On September 1, 1937, appellant, a lineman of the Northeastern Telephone Company, was injured by touching a telephone wire said to have been supercharged by contact with appellee's wire.… Combs v. Combs Page 70 Affirming. The appellee instituted this action to quiet his title to approximately one hundred acres of land on the south side of the north fork of the Kentucky river in Perry County, and to recover the value of timber cut and removed therefrom.… Kramer v. Kramer Page 71 Dismissing appeal. This is the third time appellants have attempted to appeal this case as will be seen from the two former opinions reported in 276 Ky.… Craig v. Commonwealth Page 72 Reversing. Sometime prior to January 25, 1940, the grand jury of Boyd County returned an indictment against C.J.… Phillips v. Green, Sheriff Page 73 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Reversing. In Louisville N. Railroad Company v. Lefevers' Administratrix, 272 Ky.… Reversing. The City of Lexington made a retroactive assessment for taxes on one railroad refrigerator car owned by the appellant, American Refrigerator Transit Company, of the value of $1,000 for five years, from 1934 to 1938, by authority claimed under Section 3179 of the Statutes.… Vaughn v. Reynolds Page 76 Affirming. John W. Vaughn died in 1926, leaving a will under which his daughter, Verlona L.… Frith v. Commonwealth Page 77 Reversing. Appellant, Margie Frith, was indicted by the grand jury of Rockcastle county at its January 1940 term on a charge of murdering her son-in-law, Wilbur Kavanaugh.… Shepherd v. Halsall Page 78 Reversing. D.E. Steele owns a three-fifths undivided interest in a 250 acre tract of land in Leslie County.… Affirming. The Fiscal Court of Graves County, Kentucky, brought this action pursuant to the provisions of Section 186c-6 et seq., of the Kentucky Statutes, 1936 revision, to determine the right of the Fiscal Court of Graves County to issue refunding road and bridge bonds.… Opinion op the Court by Affirming. We are without authority to review the decision of the trial court in declining to permit appellant to file the answer and cross-petition tendered, because the judgment appealed from specifically reserved for future adjudication the only issue presented by the rejected pleading.… Pennington v. Anglin Page 81 Reversing. In July of 1938 appellant began action in ejectment against appellee and others, the petition asserting that he was the rightful owner of a described tract of land containing 101 acres; that he and his predecessors in *Page 227 title had been in actual adverse possession of the tract for 36 years.… Affirming in part and reversing in part. About 11 o'clock on the night of April 8, 1939, Chester Casey, Oval Jones, and Edward Rogers, employees of a florist shop in Corbin, and Howard Parker who had been in the shop while they were waiting for more orders or more flowers to be delivered on the next day, Easter… Noble v. Commonwealth Page 83 Reversing. The appellant, Courtney Noble, was convicted in the Perry Circuit Court on an indictment charging him *Page 233 with armed robbery and his punishment was fixed at confinement in the penitentiary for 21 years.… Hacker v. Commonwealth Page 84 Affirming. On September 7, 1941, Johnny Napier was killed in Leslie county on a public county road therein by being knocked down and assaulted with rocks or other missiles whereby he was felled to the ground, and while lying there he was shot six times with a pistol, resulting in his instant death.… Pinson v. Williams Page 85 Reversing. In the Pike Circuit Court Robert Williams recovered judgment against W.W.… Appeal denied; judgment affirmed. Swartz v. Commonwealth Page 87 Appeal denied; judgment affirmed. Parks v. Park's Ex'rs Page 88 Reversing. The appeal is by the widow and a daughter of the late J.T.… Deaton v. Commonwealth Page 89 Affirming. Wilmore and Jack Deaton were indicted jointly in the Perry circuit court, accusing them of "the crime of maliciously cutting and wounding another with intent to kill.… Moore v. Waltman's Adm'x Page 90 Affirming. In approaching our discussion and decision of the questions presented upon this appeal, we deem it not amiss, as making for a clearer understanding of them, to first state the factual background out of which this litigation arose and next the pleadings and proof and the issues joined thereon, which upon… Catlin v. Justice Page 91 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Affirming. The appeal is from judgments aggregating $4,607.62 in favor of four building contractors against the Ohio Oil Company and the adjudication of mechanics' and materialmen's liens for a total of $3,751.33 on its property.… Moore v. Commonwealth Page 93 Affirming. James McGuire, George Perry Moore, and Oliver Ramsey were jointly indicted in the Madison circuit court for the crime of conspiracy to commit a felony, to wit, uttering a forgery.… Louisville Trust Co. v. Cummins Page 94 Opinion op the Court by Affirming. In 1928 the appellee, Arthur J.… Reversing in part and affirming in part. This action was instituted by the appellee taxpayers for the purpose of having determined and adjudicated the amount and validity of the indebtedness of Clay County.… Affirming. This case presents the question as to whether an election shall be held on the proposition of establishing a health department in Hardin County.… Reversing. Mrs. Edda Yates instituted this action, as beneficiary to recover $2,000 on a certificate of life insurance issued to her husband, Gradie Yates, under a group policy insuring the employees of the Inland Steel Company.… Reversing. The stormy course of this litigation is recounted in our opinion reported in 280 Ky.… Berry v. Berry Page 99 Affirming. *Page 240 The appellant, F.J. Berry, plaintiff below, became the purchaser at a judicial sale of a piece of property sold to settle the estate of his deceased brother, E.M.… Steele v. Ferrell Page 100 Affirming. Appellant instituted this action in equity against the appellees, Johnnie Ferrell, Sarah Ferrell, Cecil Daniels, and G.W.… Cagle v. Stephens, Clerk of Court Page 101 Dismissing appeal. On June 24, 1939, the grand jury of Russell county returned an indictment against Kay Cagle charging him with a violation of the Local Option Law, Kentucky Statutes, Section 2554c-1.… Reversing. In this action by appellees against appellant on a fire insurance policy covering theft of an automobile a judgment was rendered in favor of appellees for $1,324 and the appeal is from that judgment.… Drolenga v. Drolenga Page 103 Affirming in part and reversing in part. The parties to this appeal were married in Chicago and lived there until March, 1935, when the appellant came to Kentucky.… Opinion op the Court by —Reversing. The question involved on this appeal is whether service can be had under Section 12-1, Kentucky Statutes, on a non-resident for an action instituted against him for contribution to the payment of a judgment obtained against plaintiff for damages resulting from the joint and… Brannon v. Scott Page 105 Reversing. Appellee, A.B. Scott, brought this action against appellant, Paul Brannon, to recover damages alleged to have been sustained by reason of defendant's negligence in the operation of his automobile.… Derossette v. Jefferson County Page 106 Affirming. Appellant in suit made appellees, Jefferson County, State Highway Department, its Commissioner, and the C.… Affirming. On or about the 24th day of September, 1936, the Commissioners of Sewerage of Louisville awarded a contract to the Charles E.… Courtney v. Morgan Page 109 Affirming. Pink Morgan, the decedent herein, died intestate in Grant county, Ky., on January 17, 1940.… Patton v. Commonwealth Page 110 *325 Opinion op the Court by Reversing. The appellant, Oscar Patton, has been convicted of the offense of operating a roadhouse without a permit, and his punishment fixed at a fine of $150.… Affirming. The appellee, A.D. Price Memorial Hospital, is a corporation organized in 1913 for the purpose of operating a hospital in Harrodsburg, Kentucky.… Affirming. The appellants, sixteen in number, brought this suit in ejectment against the appellees, Kentenia-Cumberland Corporation, H.C.… Swartz v. Commonwealth Page 113 Appeal denied; judgment affirmed. *Page 852 National Linen Supply Co. v. Snowden Page 114 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Illinois Cent. R. Co. v. Thomason Page 115 Reversing. This appeal is from a judgment for $1,500 in behalf of appellee, Hilton Leroy Thomason, against the appellant, Illinois Central R.… Massie's Ex'x v. Massie's Ex'x Page 116 Reversing. This action was filed by the executrix of G.C.… Judgment in accordance with opinion. This is an original proceeding filed in this court on September 20, 1941, by the Commonwealth, on relation of its Attorney General, and by Albert R.… Noble v. Commonwealth Page 118 Reversing. At the regular September, 1940, term of the Perry Circuit Court the grand jury impaneled for that term returned this indictment against appellant and his brother, Courtney Noble, accusing them of what is commonly *Page 478 known as "Armed robbery." Both brothers at their separate trials were convicted and… Dance v. Anderson Page 119 Affirming. A local option election was held in La Center, Ballard County, in September, 1940.… Blair v. Combs Page 120 Reversing. Appellee filed this action to enforce the specific performance of a contract, which reads: "This agreement made and entered into this July 7, 1936, by and between Henry Blair and F.C.… Engle v. Moore Page 121 Affirming. Joe Moore and Martin Engle own parts of what is known as the old Martin Engle farm in Knox County.… Parks v. Commonwealth Page 122 Reversing. Miza Parks appeals from a judgment of conviction of malicious shooting and wounding with intent to kill, with a penalty of five years' imprisonment.… Bradley v. Commonwealth Page 123 Affirming. The appellant, William Everett Bradley, was indicted in the Rowan circuit court for grand larceny.… Martin County v. Stanley Page 124 Dismissing appeal. The plaintiff, I.L. Stanley, sued Martin County for $500 damages for an alleged breach of contract on the part of the county in not opening a road through his farm.… Webb v. Daniel's Adm'r Page 125 Reversing. This is a second appeal. In our first opinion we reversed solely on the ground that under the proof there was no liability as against Mrs. Webb, the owner of the car which her husband was driving at the time Troy Daniel was injured by being struck by appellant's car.… Louisville N. R. Co. v. Patton Page 126 Reversing. The appellant has appealed from a judgment of $684.46 rendered against it in the Simpson Circuit Court in favor of appellee for shortage or loss of wheat while in transit over appellant's railroad from Franklin, Kentucky, to Nashville, Tennessee.… Hudson v. Howell Page 127 Affirming. In August, 1939, the appellants, H.S.… Parks' Ex'rs v. Parks Page 128 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Cini v. Ball Page 129 Affirming. Albert Smith, a citizen and resident of Harlan County, Kentucky, died in 1916, leaving his widow and four infant children, who were the plaintiffs below and are appellants here.… Shedd's Adm'r v. Gayle Page 130 Affirming. Mrs. Eva Macklin Shedd died, testate, a resident of Franklin County in 1937, leaving real and personal property of the approximate value of $50,000.… Norfolk & W. Ry. Co. v. McCoy Page 131 Reversing. *Page 460 This is the fifth appearance of the above-styled appeal, as is shown by reference to opinions reported in 250 Ky.… Wells v. Commonwealth Page 132 Dismissing appeal. It appears from the record that Tobitha Wells, a person of color, who owned and occupied a certain piece of property in Murray, Ky., was indicted at the November term, 1940, of the Calloway circuit court, wherein she was charged with the offense of maintaining a common nuisance.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Reversing. Appellant operated a plant in Perry County, and on December 5, 1936, Ance Shepherd was killed while in its employ.… Moore v. Commonwealth Page 135 Affirming. The appellant, Elza Van Moore, was by the grand jury of Whitley county, at its January Term, 1941, indicted, charging him with the offense of detaining a woman against her will, with intent to have carnal knowledge of her himself, a crime denounced by Section 1158, Kentucky Statutes.… Mitchell v. City of Glasgow Page 136 Affirming. On January 7, 1941, the Board of Common Council of Glasgow, Kentucky, a city of the fifth class, enacted an ordinance providing for the issuance and sale of $26,000 City of Glasgow 3% funding bonds, the proceeds of which when sold to be used to pay and discharge a like amount of outstanding floating… Childers v. Commonwealth Page 137 Reversing. The appellant, Cecil Childers, was jointly indicted with Granville Sewell, Willie Hughes and Tom Sewell for the murder of Jesse Napier and, on a separate trial, *Page 538 was convicted of voluntary manslaughter and sentenced to ten years in the penitentiary.… Stambaugh v. Stambaugh Page 138 Affirming. This case involves the construction of a deed of conveyance of a certain house and lot in Ashland, Ky., which was executed February 15, 1936, by Cal Moore *Page 493 and others to "Martin Loss Stambaugh and Gertrude Stambaugh, husband and wife, parties of the second part." The prefatory and salient parts of… Wilson's Adm'r v. Wilson Page 139 Affirming. In the year 1903, Henry Wilson and his wife, Elizabeth Wilson, purchased a boundary of land in Bell county, Kentucky, 100 acres of which is the subject of this action.… Vaughn v. Taylor Page 140 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Roberts v. McCowan Page 141 Reversing. Sol Roberts died a resident of Pike county May 18, 1939, leaving eight children, the appellants, Charlie Bill Roberts, John Lee Roberts, and Adam Roberts, and the appellees, Nancy Roberts McCown, Sollie Jane Damron, Thomas Roberts, Kate Roberts Newsome, and Pernina Roberts Robinson.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… City of Corbin v. Payne Page 143 Affirming. Bacon's Creek separates the City of Corbin as it existed prior to September 11, 1928, from a settlement known as Hart Hollow which the City, by ordinance adopted on that date, proposed to annex.… Swaner v. Hash Page 144 Affirming. In 1911, John and Sam Swaner and J.W.… Department of Highways v. Manning Page 145 Affirming in part and reversing in part. Manning, then about 36 years of age, working as a highway laborer in Calloway County, in June, 1938, was riding in a truck engaged by appellant in its road work; the truck became disabled, overturned into a ditch and he received an injury to his knee, which he claims resulted… Affirming. Noise is the subject matter of this opinion.… Anderson v. Commonwealth Page 147 Affirming. The appellant, Charlie Anderson, was tried upon an indictment charging him with the murder of Irvin Wooton.… Reversing. The appellant and plaintiff below, Stella Suttles, is the widow of Delos E.… McGhee's Adm'r v. Elcomb Coal Co. Page 149 Affirming. This action was filed by the appellant against the appellee, Elcomb Coal Company, which had not elected to operate its mine under the Workmen's Compensation Act, Kentucky Statutes, Section 4880 et seq., to recover damages for the wrongful death of his decedent, Carl McGhee, who was killed in the mine by a… Bowen v. Commonwealth Page 150 Reversing. The appellant has appealed from a judgment of the Mercer circuit court sentencing him to the penitentiary for five years under an indictment charging him with carnally knowing a female under the age of 16 years, and he, appellant, being the age of 21 years, as denounced in Section 1155, Subsection 2… J. C. Wells Bus Co. v. Kennard Page 151 Reversing. The judgment is for $2,200 for personal injuries.… Gibbs v. Anderson Page 152 Reversing. M.A. Gibbs brought this action in the Pulaski circuit court against A.L.… Appeal denied; judgment affirmed. *Page 1 Elam v. Commonwealth Page 154 Appeal denied; judgment affirmed. Parks v. Commonwealth Page 155 Appeal denied; judgment affirmed. Spinks v. Commonwealth Page 156 Opinion of the Court by Affirming. The appellant, Harry Spinks, was indicted for the murder of Marie Crabtree and was convicted of voluntary manslaughter and sentenced to a term of twelve years in the state penitentiary.… Sustaining motion. *Page 633 On November 21, 1941, we delivered our opinion in this original proceeding filed in this court by the Commonwealth on Relation, etc., v. Sam Furste, Clerk of the Kenton County Court, 288 Ky.… Clark v. Payne Page 158 Reversing. The rights of the numerous parties in the proceeds of sale of the 400 acre tract of land involved in this litigation are determinable solely by the proper construction to be placed upon the will of Peter Bramblett probated in the year 1866.… Deegan v. Wilson Page 159 Affirming. The facts out of which this litigation arose are so fully stated in our opinion on a former appeal reversing a judgment in the administrator's favor for $8,000 that a further recitation of them is unnecessary, Wilson et al.… Affirming ing part and reversing in part.… Bennett v. White Coal Co. Page 161 Reversing. Appellant was denied compensation for injuries received while in appellee's employ, because he had previously lost his left leg eight inches below the knee and his right arm six inches below the shoulder, through noncompensable accidents and, by the terms of Section 4897, Kentucky Statutes, was presumed to… Hays v. Greasy Brush Coal Co. Page 162 Affirming. While not consolidated by a formal order these two cases were heard together in the circuit court and disposed of in one judgment and both will be decided in this opinion.… Smith v. Commonwealth Page 163 Affirming. On the night of November 23, 1940, Edward B.… Clifton v. McMakin Page 164 Affirming. This is an independent action filed by plaintiff and appellant, Auline Clifton, in the Oldham circuit court against appellees and defendants below, Anita McMakin and Robert P.… Clifton v. McMakin Page 165 Affirming. On the late afternoon of September 9, 1939, an automobile driven by appellee and a defendant below, Anita McMakin, on state highway No. 22 about one mile west of Buckner, Kentucky, collided with appellant and plaintiff below, Auline Clifton, producing severe physical injuries from which she finally… Satterfield v. Commonwealth Page 166 Affirming. Appellant, convicted for the murder of John Bell and sentenced to death, appeals from a judgment carrying into effect the verdict.… Haffler v. McKinney Page 167 Reversing. In August, 1935, appellee and the defendant below, A.B.… Coomer v. Commonwealth Page 168 Reversing. Willie Coomer was convicted of willfully and maliciously cutting Elmer Wilson on the primary election day of this year.… Carpenter v. Allen Page 169 Affirming. Ruth Carpenter and Goebel Allen were married in Whitesburg the latter part of March, 1938.… Bailey v. Commonwealth Page 170 Reversing. Appellant and. Toy Lenning were charged with the murder of Claud Brown.… Peyton v. Commonwealth Page 171 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Hehr's Adm'r v. Hehr Page 172 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Drake v. Chappel Page 173 Affirming. *Page 611 Dr. R.Q. Drake, who died in 1905, devised $10,00 to the Howards Mill Baptist Church to be placed in the hands of the trustees who should use the income from the fund for the support of the church.… Affirming. *Page 641 Since December, 1934, the appellee has operated a telephone system in Fayette and Jessamine Counties while prior to that time it operated exclusively in Fayette County.… Kohn v. Reeves, Com'r of Revenue Page 175 Affirming. This suit, originally instituted by the Commonwealth on relation of the Revenue Commissioner, sought to collect about $3,000 of unpaid tax on spirituous liquors held by the Central Distributing Company, wholesale dealers in Newport, Kentucky.… Affirming. The Second Presbyterian Church of U.S. A.… Bryant v. Chesapeake & O. Ry. Co. Page 177 Affirming. The circumstances which led to the death of Emerald D.… Reversing. Appellee, in April, 1938, purchased a truck from Fry Brothers Garage for $970.… Metropolitan Life Ins. Co. v. Tye Page 179 Reversing. On May 26, 1926, the Metropolitan Life Insurance Company, hereinafter referred to as the Company, issued *Page 752 a policy for $1,000 on the life of Arthur Tye, in which his wife, Nora, was named as beneficiary.… Wilder v. Wilder Page 180 Opinion op the Court by Reversing. This case involves a dispute over certain lands in Bell County between two sets of heirs of Sillus Wilder.… Begley v. Skaggs Page 181 Affirming. Appellants, Carrie Begley and Dellie Begley Conn, and appellee, Sarah Skaggs, are sisters, and each, by descent, became the owner of an undivided one-fourth interest in approximately 100 acres of land in Elliott county, Kentucky.… Affirming in part and reversing in part. This action was instituted by the Attorney General of Kentucky against Bill Chadwell and J.F.… Rose v. Davis Page 183 Affirming. This suit is an outgrowth of a divorce action between appellant, J.N.… Affirming in part and reversing in part. The Board of Commissioners of Buechel Water District was created under the terms of Section 938g-1 of the Statutes for the purpose of providing water to inhabitants in a described territory of Jefferson County.… Garner, Police Judge v. Shouse Page 185 Granting motion. This is an original action filed in this court by petitioner against respondent, who is the Judge of the Police Court of the city of Lawrenceburg, Kentucky.… Francis v. Francis Page 186 Affirming. The record in this case presents a more or less tangled hank, resulting from a confusion of the facts, which in turn is largely contributed to in the preparation of the case by the injection of a number of transactions entirely irrelevant to the issues involved.… Wood v. Harmon Page 187 Affirming. The plaintiff below, J.L. Harmon, and John Wood, Jr., owned adjoining farms in McCreary County, which before its formation were located in Whitley County.… Affirming. On November 9, 1936, the appellant, Hamilton Collinsworth, filed his application for compensation with the Workmen's Compensation Board, in which it was averred that the appellant, on May 12, 1936, sustained an accident growing out of and in the course of his employment with appellee which resulted in a… Affirming. This appeal was filed in this court on December 15, of this year.… Hall v. Hazlewood Page 190 Affirming. On March 17, 1934, A.J. Allen and wife conveyed two lots in the City of Lexington to appellee Frederick E.… Viall v. Coulton Page 191 Dismissing appeal. The sole complaint on this appeal is that the trial court erred in overruling appellant's motion for a new trial, in support of which affidavits were filed showing both the defendant and his attorney were ill and unable to be in court on the day of the trial.… Affirming in part and reversing in part. The appellee, J.… Opinion op the Court by Affirming. This action was filed by the appellant, Charlie Arnold, against the appellee, Clark County Board of Education, to recover damages for breach of contract of sale of an abandoned school building.… Warren's Adm'r v. Stith Page 194 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Affirming. The suit below was instituted by the T.… Opinion op the Court by Dismissing appeal.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Reversing. This appeal involves the correctness of the action of the Pike County Board of Supervisors in increasing the valuation as of July 1, 1939, of 1,775 acres of mountain land from $20,550 to $28,400; and reaches this Court through successive appeals from judgments of the Quarterly and Circuit Courts approving… Reversing. *Page 736 This action was instituted on August 28, 1939, by forty-six members of United Mine Workers of America, District 19, against that organization and their employer, the Three Point Coal Corporation.… Clark v. Commonwealth Page 201 Affirming. Appellant convicted on a, charge of breaking into a storehouse with felonious intent, etc., Kentucky Statutes, section 1164, and sentenced to confinement for two years, prosecutes this appeal.… Affirming in part and reversing in part. J.B.… Midland Gas Corporation v. Reffitt Page 203 Affirming. On June 20, 1930, the appellee, Thomas Reffitt, executed to the appellant, Midland Gas Corporation, an oil and gas lease on 273 acres for a primary term of two years and as much longer as oil or gas was produced in paying quantities from the property.… Oliver v. Oliver Page 204 Reversing. Mrs. Louisa Oliver, then a resident of Kenton county, died on June 22, 1912, the owner of a tract of land with some improvements.… Spurlin v. Spurlin Page 205 Dismissing appeal. This appeal is from a judgment rendered at a time when the appellants, defendants below, had tendered *Page 50 and offered to file an answer and when the motion to file the answer had not been ruled on.… Affirming. The parties named above joined in a proceeding carried on under our Declaration of Rights Act, Civil Code of Practice, Section 639a – 1 et seq., in which it was sought to have rights declared under the following circumstances: In 1929 the citizens of Ashland voted to issue $500,000 of bonds to raise funds… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Russell v. Levi Page 208 Affirming. The Ashland National Bank became insolvent in the year 1932 and was placed in the hands of a receiver by order of the Comptroller of the Currency.… Reversing. As of December 31, 1940, there were outstanding and unpaid, principal and interest, $316,645 of road and bridge bonds of Estill County.… Pulaski County v. Ben Hur Life Ass'n Page 210 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Felty v. Easterling Page 212 Reversing. T.B. Felty died testate in December, 1932, while a citizen and resident of Carter county, Kentucky.… Reversing. On July 20, 1931, the appellee and defendant below, W.W.… Affirming. According to the allegations of the petition, the Preston Street Road Water District No. 1 has been duly organized as a corporation under the provisions of Kentucky Statutes, Sections 938g-1 to 938g-27, inclusive, and the object of this declaratory judgment proceeding is to determine (1) whether the… Taylor v. Knuckols Page 215 Affirming. At the regular November election in 1940 the appellant and plaintiff below, Henry Taylor, and the appellee and defendant below, W.L.… Affirming. Alleging that he had been wrongfully removed as a member of the Rockcastle Board of Education, appellant instituted this suit in equity to have the action of the Board adjudged illegal, the Board's appointee to fill the vacancy declared a usurper, and for an injunction enjoining the Board from recognizing… Rose v. Commonwealth Page 217 Reversing. The appellant, Lee Rose, defendant below, was convicted of the murder of Homer Carpenter, and his punishment was fixed at life imprisonment.… Noble v. Hubbard Page 218 Reversing. Appellant, Wharton Noble, obtained a judgment in the Laurel Quarterly Court against J.M.… Crawford v. Crawford Page 219 Affirming. *Page 106 Mrs. Belle Crawford, widow of E.L.… Reynolds v. Wilhoit, Banking Com'r Page 220 Affirming. Appellant, plaintiff below, suing as administrator of the estate of William Reynolds, in May of 1936 began proceedings against Wilhoit, State Banking Commissioner, and Bishop, then in charge of liquidation of the First American Bank of Wilmore.… Kendall v. Commonwealth Page 221 Affirming. The appellant, Dorothy Kendall, wife of her co-appellant, T.W.… Reversing. The Acme Realty Company alleged in its petition that it had entered into a lease of certain property to *Page 383 the defendant, MaBeha Company, for a period of five years beginning September 1, 1931, at a rental of $210 a month; that on April 1, 1933, because of extenuating circumstances the plaintiff… Blevins v. Adams Page 223 Reversing. Charging that a deed which she had executed to the appellants on March 3, 1937, for an allegedly grossly inadequate consideration had been obtained by fraud, misrepresentation, mistake, overpersuasion, undue influence, flattery, and deceit, and that appellants had violated their undertakings which… Chaney v. Commonwealth Page 224 Affirming. Appellant and thirteen others were charged with violation of Kentucky Statutes, Section 1241a-1, banding for the purpose of alarming, disturbing or injuring other persons, eight subjects being named, among them Marvin Wyatt.… Opinion op the Court by —Affirming. The appellee, Home Owners’ Loan Corporation, filed this action against the appellants, Joe P.… Lykins v. Oaks Page 226 Reversing. *Page 333 In November, 1934, D.M.… Commonwealth v. Hardin Page 227 Affirming. By this quo warranto proceeding appellant sought to vacate the office of member of the Greenup County Board of Education, to which appellee had been duly elected on November 8, 1938.… Affirming. *Page 303 The Metropolitan Life Insurance Company issued a $5,000 accident policy to Richard Osborne, in 1935.… Farris, County Judge v. Nichols Page 229 Affirming in part and reversing in part. The main question presented by this appeal is whether a fiscal court has power to limit the amount a county clerk may expend for clerical assistance.… Fife v. Lockhart Page 230 Affirming. This appeal is from a judgment entered on a directed verdict at the conclusion of the plaintiff's testimony in an action of ejectment.… Chipman's Adm'r v. Gerlach Page 231 Affirming. The only question is the sufficiency of the evidence to support a verdict for the defendant, Nell Gerlach, in an action of claim and delivery to recover possession of a diamond ring worth $500, prosecuted by the administrator of the estate of Cary Chipman.… Allgood's Ex'r v. Mercer Page 232 Affirming. Catherine A. Allgood died in Daviess County in July, 1926.… Trinity Universal Ins. Co. v. Coker Page 233 Affirming. Appellant was surety on the bond of the White Construction Company which had contracted with the Department of Highways to construct a section of the Princeton-Wilson Warehouse Road.… Harwood's Adm'r v. Richter Page 234 Affirming. This is a statutory action to recover for the death of appellant's intestate, George P.… Boyd v. Wynn Page 235 Affirming. A demurrer having been sustained to the petition, appellant declined to plead further whereupon judgment was entered dismissing his petition.… Card v. Brooks Page 236 Affirming. In July, 1937, the appellee, C.B.… Howard v. Howard Page 237 Affirming. Shortly after the death of James Howard in 1929, his brother, Elisha Howard, was appointed to administer his estate.… Stott v. Hinkle Page 238 Reversing. The appellees in these three cases claim that they suffered painful injuries to their bodies and nerves when the car in which they were riding, and which was being driven by Mrs. Mae Hinkle, was struck by a car being driven by Archie Stott, December 1, 1938.… Compton v. Smith Page 239 Affirming. A.C. Compton died in Warren County, Kentucky, on April 13, 1939.… Opinion op the Court by Reversing in part and affirming in part.… Kuntz v. Peters Page 241 Affirming. This equity action – filed in the Kenton circuit court by appellant and plaintiff below, William C.… Commonwealth v. Mullins Page 242 Reversing. This is a quo warranto proceeding challenging appellee's right to the office of Member of the Rockcastle County Board of Education on the ground that he lacks the qualifications prescribed by Section 4399-22, Kentucky Statutes.… Affirming. Elmer Barley died January 15, 1939, following an operation for appendicitis.… Consolidation Coal Co. v. Ditty Page 244 Reversing. Cecil Ditty received an injury to his back while working for the Consolidation Coal Company in October, 1937.… Reversing. The Greenbrier Distilling Company, a corporation, brought this action in the Franklin circuit court against D.A.… Adams v. Littell's Adm'rs Page 246 Affirming. This appeal involves a matter of allowance for legal services claimed to have been rendered by appellant to the administrator of the estate of Ernest Littell, who died intestate in June, 1936, leaving an estate worth approximately $40,000, of which $26,000 was personal property.… Higgs' Ex'x v. Higgs' Ex'x Page 247 Affirming. W.C. Higgs (hereinafter referred to as Willie) died on Feb.… Layne v. Cottle Page 248 Reversing. Thirteenth Street in Ashland, Kentucky, runs north and south, and over which runs a number of state highways passing through the city.… Parks' Ex'rs v. Parks Page 249 Affirming. On May 2, 1924, a deed was executed by John J.… Winfrey v. Winfrey Page 250 Affirming. On November 10, 1939, appellee began action for divorce from appellant, and custody of their two boys nine and five years of age.… Staggs v. Sparks Page 251 Reversing. This equity action – filed in the Rowan circuit court *Page 399 by appellant and plaintiff below, Hilton Staggs, against appellees and defendants below, U.S. Sparks and wife – involves the ever-recurring question of the right of custody of an infant of tender (seven) years.… Chism v. Commonwealth Page 252 Affirming. The appellant, Grover Chism, was convicted of the murder of Schuyler McClure and sentenced to death.… Martin v. Martin Page 253 Reversing in part and affirming in part. These two cases were heard together on appeal and both will be disposed of in this opinion.… Reynolds v. Cobb Page 254 Affirming. This equity action to quiet title was filed in the Clay circuit court by appellants, William Reynolds and wife, Lucy Reynolds, as plaintiffs, against appellee, William Cobb, Jr., as defendant, in which plaintiffs claimed title to about 25 acres of land in Clay County, but which defendant denied and… Harwood v. Dick Page 255 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Lexington Mining Co. v. Richardson Page 256 Affirming. The only question is whether the method adopted by the Workmen's Compensation Board for ascertaining the average weekly wage of a workman as the basis for an award for total and permanent injury is proper.… Stokes v. Commonwealth Page 257 Affirming. The Commonwealth and Jefferson County by and through the Commissioner of Revenue instituted this action under Section 4154-2, Kentucky Statutes (Baldwin's 1938 Supplement), to invalidate certain tax sales of real estate made on assessments of July 1st, for each of the years 1934, 1935, 1936 and 1937, which… First Nat. Bank of Jackson v. Oliver Page 258 Affirming. This action was instituted in the Breathitt circuit court by the First National Bank of Jackson, Kentucky, against Wendell Oliver and Elizabeth Oliver, his wife, the latter being the administratrix of the estate of Walter Oliver, deceased, who was the father of Wendell Oliver.… Bowling v. Poe Page 259 Reversing. Ralph Bowling, plaintiff below, is appealing from a judgment on a directed verdict given in favor of Robert Poe at the conclusion of his (Bowling's) evidence.… Kabai v. Majestic Collieries Co. Page 260 Reversing. The appellant, John Kabai, was injured in appellee's mine on July 17, 1937, by a rock falling on the back of his head and neck.… Whitaker v. Whitaker Page 261 Reversing. The parties to this action were made defendants in a declaratory judgment proceeding instituted by the trustee of the Inland Gas Corporation in the Magoffin circuit court in March, 1938.… Patrick v. Commonwealth Page 262 Reversing. *Page 266 John Thomas Patrick has been convicted of the offence of transporting intoxicating liquors without a license, and his punishment fixed at a fine of $125.… Sowders v. Sowders Page 263 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Affirming. Margaret Volk died December 7, 1934, a resident of Louisville, Kentucky.… Furste v. Dixie Traction Co. Page 265 Opinion of the Court by Affirming. The question presented is whether a common carrier of passengers by motorbus, operating between fixed termini, both intrastate and interstate, under certificates issued by the Interstate Commerce Commission and the Division of Motor Transportation of Kentucky, and complying with the… Edwards v. Kentucky Utilities Co. Page 266 Affirming. This appeal is from a judgment dismissing appellant's petition seeking damages for the breach by appellee of a contract for permanent and continuous employment.… Peck v. Commonwealth Page 267 Reversing. The appellant was convicted of the crime of "armed robbery" and sentenced to imprisonment for life.… Reversing. The appellee Jessamine Canning Company was and is a corporation engaged in the business of canning tomatoes at its plant in Nicholasville, Kentucky.… Haynes v. Commonwealth Page 269 Affirming. F.D. Quinn at the time of the offense herein charged was committed operated a general store at the village of Jeffries, in Monroe County, Kentucky.… Jones v. Hargis Page 270 Reversing. This appeal is from a judgment for appellee after a jury verdict in an action of trespass to try title filed by her against the appellant, Horace A.… Bradshaw v. Sorrento Restaurants Page 271 Appeal denied; judgment affirmed. *Page 1 Appeal denied; judgment affirmed. Appeal denied; judgment affirmed. Davis v. Commonwealth Page 274 Appeal denied; judgment affirmed. Sheehan's v. Gorham Page 275 Appeal denied; judgment affirmed. *Page 854 Tate v. Howard Page 276 Motion for appeal denied and judgment affirmed. Reversing. At its 1940 Session the General Assembly of the State of Kentucky passed an act entitled: "An Act relating to the retirement of Judges of the Court of Appeals, and providing for the payment of certain public emoluments to the Judges of *Page 788 the Court of Appeals after their retirement, and making an… York's Ancillary Adm'r v. Bromley Page 278 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Burns v. Commonwealth Page 279 Affirming. Virgil Burns and his brother, Robert, were jointly indicted for chicken stealing by the grand jury of the Laurel Circuit Court.… Affirming. The crucial question presented by this record is whether a city of the fifth class may impose a license tax, reasonable in amount and non-discriminatory, upon a wholesaler, who owns no property and maintains no residence or agency within the corporate limits, but, regularly, through traveling salesmen… Hockensmith v. Hockensmith Page 281 Affirming in part and reversing in part. This action was filed by the appellee, C.G.… Hightower v. Commonwealth Page 282 Reversing. The appellant, John Hightower, was convicted of raping Virginia Turner against her will and with force, an offense denounced by Section 1154, Kentucky Statutes, and he was sentenced to serve ten years in the penitentiary.… Affirming. The County Board of Education of Kenton County sued the Commissioner of Finance and other State officers setting forth its responsibilities and duties under the law to provide school facilities for the children of the county, and alleging that it was entitled to receive for the year 1937-1938 from the State… George T. Stagg Co. v. O'Nan Page 284 Reversing. The appeal is from a judgment confirming an award of the Workmen's Compensation Board to Dallas O'Nan, a former employee of the appellant, George T.… Rogers v. Cockrell Page 285 Affirming. Some of the heirs of Ella Cockrell and a creditor brought this action against the remaining heirs and another creditor to settle the estate of the decedent, and to sell the real property on the ground of its indivisibility.… Sabel v. Sabel Page 286 Reversing. This is the second appeal of this case, the former opinion being reported in 276 Ky.… Brink v. Kennedy Page 287 Affirming. This is an appeal from a judgment of the Kenton circuit court entered on a verdict in the sum of $7,500 for damages resulting from personal injuries alleged to have been sustained by appellee as a result of an assault upon him by appellant and persons under his control, at his place of business known as the… Affirming. Felix Lindsey, a Bowling Green soliciting agent for the Life Casualty Insurance Company of Tennessee, solicited and secured an application for a policy of insurance from Henderson Daniel on September 7, 1937.… Coots v. Commonwealth Page 289 Affirming. Homer Coots, age 17, killed Harmon Sizemore late in the afternoon of May 16, 1940.… Osten v. Osten Page 290 Reversing. The appellee here instituted action for divorce in September of 1933, charging that while they were married in Versailles in 1931, they had never thereafter lived together as man and wife.… Hensley v. Hensley Page 291 Affirming. The only question involved on this appeal is the constitutionality of that part of Section 2120, Kentucky Statutes, which provides that in a suit for divorce "no action shall be brought by one who has not been a continuous resident of this state for a year next before its institution." In addition to the… Stone v. Smith Page 292 Affirming. On October 18, 1927, the appellant executed to his uncle, Guy D.… Napier v. Napier Page 293 Affirming. On December 13, 1937, the appellee and plaintiff below, Ethel Napier, and the appellant and defendant below, A.C.… Creech v. Disney Page 294 Affirming. This action was filed by the appellee, D.H.… Affirming. *Page 463 Miss Sarah C. Wallace died testate in 1921, and this action involves the construction of her will, the pertinent part of which reads: "I leave to my great niece Elizabeth Searles Spanton Five Thousand dollars (5000) to be held in trust for her by my niece Mattie Searles Scott free from any husband… Talbott's Ex'r v. Goetz Page 296 Affirming. Robert C. Talbott, a resident of Bourbon county, Kentucky, died testate in the year 1930.… Reisinger v. Oldham Page 297 Dismissing appeal. The appellee brought this action in the Jefferson circuit court against the appellants, Laura B.… Bailey v. Bailey Page 298 Reversing. The appellant, Emma Bailey, is appealing from a judgment denying her the fee simple title to a house and lot in Louisville and subjecting the property, which was adjudged to be owned by the appellee, Mildred Bailey, to mechanics' liens claimed by the appellees, Hughes' Trustee and the Standard Furnace and… Perry v. Commonwealth Page 299 Affirming. The grand jury of Whitley county indicted appellant, Melvin Perry, accusing him of committing an offense created and denounced by Section 1166 of Baldwin's 1936 Revision of Carroll's Kentucky Statutes, which the indictment alleged was committed by defendant striking and wounding Osa Cox, a woman, with *Page… Erlanger Citizens Bank v. Williams Page 300 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Stephens v. Davis Page 301 Dismissing appeal. F.M. Thomas and Aaron Perry recovered judgment in the Whitley Circuit Court on Feb.… Louisville N. R. Co. v. Jackson Page 302 Reversing. This is an appeal from a judgment awarding the appellee administrator $1,000 damages for the death of his decedent who was killed on March 26, 1938, by a train while crossing appellant's tracks near the post office at Cannon, Kentucky.… Maddin v. Safety Motor Coach Co. Page 303 Affirming. *Page 602 Since most of the facts out of which this litigation arose are set forth in our opinions disposing of numerous former related appeals, we deem it preferable to refer the interested reader to those opinions rather than to attempt a chronological recitation of details which would entail an… McKinley v. McKinley Page 304 Affirming. This case involves the construction of a paper executed by J.M.… Stevens v. Commonwealth Page 305 Affirming. Brady Stevens and his brother-in-law, Lee Edwards, were jointly indicted for maliciously cutting and wounding Charles Lawson during the afternoon of May 17, 1940.… Hardwood Sales Co. v. Meeks Page 306 Affirming. The appellee claims to have been injured on November 19, 1936, while in the employ of appellant.… Opinion of the Court by Affirming. Denver Sexton appeals from a judgment confirming the denial of compensation by the Workmen’s Compensation Board.… Maryland Assur. Corporation v. Smith Page 308 Affirming. In July, 1938, the appellants issued to appellee an insurance policy which provided, among other things, for certain weekly indemnities for illness, which are the only features of the policy involved in this action.… Parsons v. Gibbs Page 309 Affirming. Dr. Ernest Parsons owned two adjoining lots fronting some 100 feet on Maple Street in Somerset, in 1925.… Affirming. The Lightfoot Land Mortgage Company instituted this ejectment proceeding against Sterling Price and the other appellants, all of whom are children of Cleve Price.… World Fire Marine Ins. Co. v. Tapp Page 311 Affirming. The appellants, World Fire Marine Insurance Company and Home Insurance Company, issued policies of fire insurance in the aggregate sum of $2,300 on the stock of merchandise and $300 on the fixtures and equipment in the general store of T.B.… Louisville N. R. Co. v. Houck Page 312 Reversing. While measuring the height of the floor of an empty freight car which had been temporarily placed by a train crew of appellant on a side track adjacent to the plant *Page 646 of the T.W.… Blanford v. Press Pub. Co. Page 313 Reversing original and affirming on cross-appeal.… Affirming. The case arises out of the catastrophic flood of 1937 which inundated two-thirds of the city of Louisville.… Deskins v. Coleman Page 315 Affirming. For $78.25 the appellant, T.H.… Black Mountain Corporation v. Snipes Page 316 Affirming. This is an appeal from a judgment of the Harlan circuit court upholding an award to appellee, William Snipes, for compensation on account of 75 per cent disability resulting from an accident which occurred to him on the 18th day of August, 1938, while in the employ of appellant, the black Mountain… White v. Chrisman's Ex'rs Page 317 Reversing in part and affirming in part. This case involves the construction of certain parts of the holographic will of J.F.… Edwards v. Wilson Page 318 Affirming in part and reversing in part. This litigation involves a tract of land containing some 50 acres, approximately 40 acres of which are in Pulaski county and the remaining 10 acres in McCreary county.… Reversing. At the instance of the owners and management of the two laundries (one of which also conducts a dry cleaning business) at Hazard, the council of that city amended its ordinance establishing licenses for different occupations by adding the item, "Agents – soliciting laundry and linen supply service, plant… Bowling v. Amis Page 320 Affirming. The parties to this appeal were rival candidates at the November, 1940, election for the office of Board Member from Educational Division No. 1 of the Perry County Board of Education.… Curry v. Commonwealth Page 321 Dismissing appeal. Appellant was convicted in the Jefferson circuit court on appeal from a like conviction in the Jefferson Quarterly Court on an accusation wherein he was charged with violating some provision of our Alcoholic Control Act, Ky.… Dunn v. Commonwealth Page 322 Affirming. The grand jury of Montgomery county indicted John Dunn and Orbin Mills for chicken stealing, a crime defined by Section 1201c of the Kentucky Statutes.… Bogie v. Hill Page 323 Affirming in part and reversing in part. June R.… Webb v. Niceley Page 324 Reversing. The appellants, R.G. Webb and Sam Spivey, instituted this action against W.G.… Scott v. Smith Page 325 Affirming. *Page 699 John Harlan Smith died testate a resident of Mercer County, Kentucky.… Vaughn v. Commonwealth Page 326 Reversing. Appellant, indicted on a charge of shooting and killing Bige Frost, in the early part of 1940, was convicted of voluntary manslaughter, the jury fixing the penalty at confinement for a period of five years.… Holt v. City of Covington Page 327 Reversing. Pursuant to an ordinance of 1912 the city of Covington issued $200,000 of four percent unlimited water works refunding bonds to refund the balance of a $400,000 issue of 1880.… Williams v. Tartar Page 328 Affirming. *Page 719 Appellant, plaintiff below, as administrator sued appellee and Dr. Popplewell, charging that in attendance upon his wife in parturition they so negligently and improperly treated her as to cause her death.… Reversing. On September 14, 1937, the appellant and plaintiff below, Mary Evelyn Sherwood, while traveling on one of the streets of the city of Louisville in a hired taxicab was severely injured by a collision of the taxicab in which she was riding with a truck owned and operated by the appellees and defendants below… City of Paducah v. Jones Page 330 Opinion op the Court by — Reversing. This suit was instituted by the appellee, L.… Ellison v. Smoot's Adm'r Page 331 Affirming. Two primary questions before us are unrelated except that they both involve the devolution of title to some of the same property and its distribution as between the same parties.… Sutherland v. Davis Page 332 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Opinion op the Court by — Reversing. The Cincinnati, Newport and Covington Railway Company and its predecessors have operated a transportation system in the numerous Northern Kentucky cities and across the Ohio River to Cincinnati for many years.… Clay v. McNabb Page 334 Reversing. Fannie G. Hodgkins departed this life in the year 1936, survived by her husband, W.… Wilham's Guardian v. Ferrell's Ex'x Page 335 Affirming. The question involved on this appeal is the construction of the will of Bell Hiatt Ferrell, who died January 7, 1941, a resident of Mercer county.… Elliott County v. Duvall Page 336 Affirming. This case is no stranger, since the matters here were to an extent involved in Rose v. Elliott County, 262 Ky.… Affirming. The fiscal court of Jefferson County appropriated $500 for the purpose of purchasing and installing an automatic stop and go signal on U.S. Highway 60 at a point where it passes through the town of St. Matthews.… Deuser v. Commonwealth Page 338 Appeal denied; judgment affirmed. James v. Allen Page 339 Motion for an appeal denied; judgment affirmed. Hot Spot Lumber Company v. Woods Page 340 Motion for an appeal denied; judgment affirmed.… American Insurance Company v. Paul Page 341 Appeal denied; judgment affirmed. Flowers v. Commonwealth Page 342 Motion for an appeal denied; judgment affirmed. Jackson v. Coons Page 343 Affirming. In February, 1938, the appellee, John B.… Reversing. The Cincinnati Butchers Supply Company brought this action against the Kentucky Packers Company in January, 1939.… Barrett v. Leyman Motor Co. Page 345 Affirming. Julia Barrett purchased a used automobile from the Leyman Motor Company in August, 1937.… Wilkerson v. Young Page 346 Opinion of the Court by Reversing. Hallie Wilkerson, a resident of Henderson County.… Sizemore v. Commonwealth Page 347 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Moss v. City of Paducah Page 348 Reversing. Two questions are presented by the case.… Wilson v. Commonwealth Page 349 Reversing. Sometime during the night of June 11, 1938, Charles Arnold was killed on one of the public highways connecting Beattyville, the county seat of Lee county, with Booneville, the county seat of Owsley county – the spot on the highway where death was inflicted being about 4 1/2 miles over the line in Lee county.… Ballew v. Fowler Page 350 Reversing. In December, 1935, Porter Ballew brought an action against J.P.… Moore v. Pope Page 351 Affirming. This is the third appeal of this case, the two former appeals being found in 260 Ky.… Christopher v. Commonwealth Page 352 Affirming. The appellant, Ambrose Christopher, was convicted of feloniously breaking into the house of Henry Moon and taking property therefrom.… Martin v. Taylor's Ex'x Page 353 Reversing. In this action, filed on March 15, 1937, by the executrix of Wood L.… Bowling v. Commonwealth Page 354 Affirming. The appellant, Vess Bowling, has been convicted of the crime of voluntary manslaughter, and sentenced to confinement in the state penitentiary for a term of five years.… Todd v. Bowman Page 355 Affirming. Andrew Todd, colored, died intestate in October, 1935, leaving neither widow nor child.… Barkley, County Judge v. Gatewood Page 356 Affirming. G.G. Barkley, County Judge of Scott County, Kentucky, and the other members of the fiscal court, brought this action under the Declaratory Judgment Act against Greenville Stockdell, exsheriff of Scott county for the years 1934 to 1937, inclusive, asking for a declaration of rights with respect to the… Guinn v. Cross Page 357 Affirming. The appellants brought this action in the Clinton circuit court seeking to enjoin the defendants from excavating and removing a portion of the sidewalk abutting defendants' property on the east side of Washington *Page 572 Street in the town of Albany, Kentucky, for the purpose of constructing an entrance… Morgan v. Commonwealth Page 358 Reversing. Hytie (Mrs. Alex) Morgan is appealing from a judgment on a verdict finding her guilty of the crime of voluntary manslaughter and fixing her punishment at three years in the penitentiary.… Pickel v. Cornett Page 359 Affirming. A.B. Cornett and Lloyd Marlow brought this action to enjoin Henry Pickel from interfering with the use of a passway over his land.… Dismissing appeal. The judgment appealed from dismissed three actions separately instituted by appellant in the Circuit Court to obtain reviews of separate awards of less than $200 each made by the Unemployment Compensation Commission under the Unemployment Compensation Act of 1938, Kentucky Statutes, Supp. 1939… Gray v. Connors Page 361 Affirming. In 1930, appellant, Frank Gray (possessing several aliases) was convicted in a proper court of the state of *Page 230 Alabama of having committed burglary, and was punished by confinement in the penitentiary of that state.… Royal Coal Co. v. Arrowood Page 362 Reversing. Clarence Arrowood, an employee of the Royal Coal Company, was injured December 4, 1933.… Turner v. Shropshire Page 363 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Miller v. Commonwealth Page 364 Affirming. *Page 252 Appellant, along with Mayes and Haynes, was charged with breaking into the store of one Quinn and stealing a quantity of merchandise.… Jenkins v. Keith Page 365 Affirming. *Page 241 Appellant, George W.… Dotson v. Horn Page 366 Opinion of the Court by Affirming. The appellee instituted this action in equity to quiet her title and to enjoin appellants from trespassing on an unimproved lot in West Prestonsburg.… Alexander v. Commonwealth Page 367 Reversing. Near midnight on Saturday, October 29, 1939, Neville Fitzhugh was shot and fatally wounded by A.J.… Reversing. Ben Johnson, guardian for the three infant children of Harvey Adamson, deceased, has prosecuted this appeal from a judgment of the Jefferson circuit court affirming an award of the Workmen's Compensation Board for compensation for the children of the deceased.… Woods v. Commonwealth Page 369 Affirming. The appeal is by John Woods from a conviction of manslaughter and sentence to 21 years imprisonment for the killing of Robert Asher on August 6, 1939.… Boone v. Willett Distilling Co. Page 370 Affirming. *Page 354 In March, 1937, the appellant was employed by appellee as a mill hand in appellee's distillery, a corporation which had previously filed its election with the Workmen's Compensation Board to operate under the Workmen's Compensation Act.… Black Motor Co. v. Thomas Page 371 Reversing. M.H. Thomas purchased a 1937 model Oldsmobile coupe from the Black Motor Company of Harlan, in January, 1938.… Lawrence v. Wheeler Page 372 Affirming. The appellant, who was plaintiff below, brought this action against appellee to recover a certain small parcel of land located in Graves County, Kentucky.… Smith v. Commonwealth Page 373 Affirming. Mattie Smith has been convicted of pandering, a crime defined by Section 1215b-1, Kentucky Statutes, and her punishment fixed at confinement in the state penitentiary for a term of one year.… Claypool v. Rutherford Page 374 Affirming. The appellee sued the appellant and one Elmer C.… Affirming. The appellants, M.C., Alice, W.M., C.R., and Thomas B.… Mullins v. Commonwealth Page 376 Affirming. Mrs. W.L. Taylor parked her automobile, unlocked, on a street in Corbin, went into a nearby grocery about 7 o'clock one night in January, 1940.… Affirming. Thompson, a colored man, then sixty-one years of age, a coal loader in appellant's mines, was injured on May 23, 1938.… Overruling and denying writ of prohibition.… Jackson v. Commonwealth Page 379 Affirming. Under indictment charging appellant with the murder of Lillie Mae Huff on February 5, 1940, he was found guilty, the jury inflicting a life sentence.… Johnson v. City of Paducah Page 380 Affirming. An ordinance of the city of Paducah, a city of the second class, imposes a license tax of $5 on all persons operating automobiles within the city limits and by the terms of the ordinance the tax is applicable to all persons "residing outside of the corporate limits and owning and operating, or causing to be… Davis v. Pelfrey Page 381 Affirming. An ordinance of the city of Jackson imposes an annual license tax of $5 on each automobile used by nonresidents of the city regularly engaged in any kind or character of business, work, profession, occupation or calling within the corporate limits of the city in attending and performing such business, work… Commonwealth v. Crawford Page 382 Affirming. Roscoe Crawford, a sixteen year old boy, was convicted of the crime of housebreaking in the Whitley Circuit Court and his punishment was, by the verdict of the jury, fixed at one year in the penitentiary.… Moorman v. Taylor Page 383 Reversing. This case presents the question as to whether the judgment in a proceeding ordering the sale of real property is void and therefore subject to collateral attack, because the affidavit for the warning order for the only defendant which was signed by the secretary and treasurer of the corporation seeking the… Simon v. Neptune Mfg. Co., Inc. Page 384 Reversing. *Page 341 On April 15, 1936, the appellant, who was plaintiff below, and appellee, defendant below, entered into the following contract: "It is agreed between the Neptune Mfg.… Ward v. Martin Page 385 Affirming. Appellee, who was plaintiff below, brought this action against appellant, defendant below, to recover for personal injuries sustained as a result of a collision *Page 338 between the automobiles of the parties.… Lovelace v. Commonwealth Page 386 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Sears v. Sears Page 387 Affirming. On June 23, 1924, the appellee, Ruth T.… Brinegar v. Commonwealth Page 388 Affirming. The appellant, Forest Brinegar, was convicted of maliciously stabbing and wounding Carl Harris with intent to kill, and his punishment was fixed at confinement for two years in the penitentiary.… Nall v. Phelps Page 389 Affirming. Harlan Phelps was employed by J.W.… Stoeer v. Meyer Page 390 Affirming in part and reversing in part. Mrs. Ida Burghard, of Louisville, Kentucky, died in October, 1939, and later her will, of date August 4, 1922, was probated.… Caswell v. Commonwealth Page 391 Affirming. Appellant was convicted of the offense of cutting and wounding, with intent, etc.… Johnson v. Commonwealth Page 392 Affirming. Near 8 o'clock P. M. on July 21, 1940, appellant, Jack Johnson, in Boone County, Kentucky, shot and killed Lucian Black.… Huff v. Commonwealth Page 393 Appeal denied; judgment affirmed. *Page 854 Walker v. Commonwealth Page 394 Appeal denied; judgment affirmed. City of Corbin v. Weaver Page 395 Appeal denied; judgment affirmed. Ball v. Cecil Page 396 Affirming. On Aug. 1, 1931, William F. Cecil, a widower 77 years of age and owner of considerable property, entered into an antenuptial agreement with Mrs. Willamina Dwight, a widow 56 years of age, which recited that the contracting parties were about to be married and desired to establish their respective rights in… Kidd v. Roundtree Page 397 Affirming in parts and reversing in part.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Laurel County Fiscal Court v. Steele Page 399 Affirming in part and reversing in part. *Page 408 W.H.… Brown v. Thompson Page 400 Affirming. On May 10, 1939, Eugene E. Thompson recovered a default judgment against Rena Brown and others enforcing liens on two tracts of land securing the payment of certain drainage district bonds owned by plaintiff.… Fitzgerald v. Fitzgerald Page 401 Reversing. John Fitzgerald instituted this action in January, 1940, to obtain an absolute divorce from his wife upon the ground of abandonment.… H. Eilerman & Sons v. Nestley Page 402 Reversing. In December, 1938, H. Eilerman Sons, a corporation, engaged in the merchandise business, instituted an action in the Kenton county quarterly court against Dr. E.J.… Kirk v. Eastern Coal Corporation Page 403 Affirming. This appeal is from a judgment finding the appellant, Ranson Kirk, guilty of the forcible detainer of a house and lot owned by the appellee, Eastern Coal Corporation, which the appellant occupied as tenant.… Combs v. Commonwealth Page 404 Affirming. Warren Combs and Willard Combs, brothers, were jointly indicted for confederating and banding themselves together for the purpose of intimidating, alarming, disturbing or injuring another person, a crime defined by Section 1241a-1, Kentucky Statutes.… Lecompte v. Davis' Ex'r Page 405 Affirming. Mrs. Davis died in Woodford county April 21, 1938.… City of Middlesboro v. Chasteen Page 406 Affirming. Prior to April 1938, appellant, in concert with the National Government, proposed to erect a flood wall, making it necessary to obtain certain parcels of land, among which were tracts belonging to appellee.… Williams v. Waddle Page 407 Reversing. This appeal is from a judgment entered on a verdict for appellees, M.F.… Howard v. Commonwealth Page 408 Reversing. The grand jury of the Circuit Court of Clay County returned an indictment against the appellant, Hanley Howard, the accusatory part of which charged him with the offense of "unlawfully selling spirituous, vinous, malt, liquor and other intoxicants, otherwise than for sacramental, medicinal, scientific or… York v. Commonwealth Page 409 Reversing. The appellants were jointly indicted for the offense denounced by the first clause of Section 1241a-1, Kentucky Statutes.… Union Underwear Co. v. Barnett Page 410 Reversing. Death stalked Highway 60 in the early morning hours of April 7, 1939, and claimed as its victim James W.… Sizemore v. Commonwealth Page 411 Affirming. On this appeal from a judgment sentencing the appellant, George Sizemore, to confinement in the penitentiary for eight years following his conviction for the voluntary manslaughter of Ebb Gibson, the sole ground for reversal urged is that error was committed in the failure to give an instruction on the… Fox v. Burgher Page 412 Affirming. This case involves the construction of the following will: "This is my last will and testament, I, B.S.… Commonwealth v. Sullivan Page 413 Certifying the law. The appellee, John Sullivan, was tried in the Pike circuit court under an indictment charging him with murder.… Finch's Ex'r v. Hopewell Page 414 Reversing. The question for consideration is whether or not the court correctly sustained a demurrer to and dismissed petition filed by appellants.… Dunn v. Central City Page 415 Reversing. This opinion deals with the Alcoholic Control Act which may be found in Baldwin's 1939 Supplement to the Kentucky Statutes, Section 2554b-97 et seq.… Pearl Packing Co. v. Ransdell Page 416 Opinion op the Court by Affirming. The appellee, plaintiff below, brought this action in the Trimble circuit court against appellant, a corporation, defendant below, to recover damages for breach of an oral contract, the terms of which, according to the contentions of the respective parties, are set out in the… Parrish v. Redmon Page 417 Reversing in part and affirming in part. W.W.… Jones v. City of Benton Page 418 Affirming. The legislature passed an Act in 1932, Chapter 119, to enable cities of the third class to acquire, construct, operate and maintain electric plants, and to issue bonds payable solely from the revenues from such plants to pay the costs thereof.… Langhorne & Langhorne Co. v. Newsome Page 419 Reversing. On May 7, 1936, Sanford Newsome, while working for the Langhorne Langhorne Construction Company, received an injury which resulted in a hernia on his right side.… Shelley v. National Carbon Co. Page 420 Affirming. The appeal is from a judgment confirming the denial by the Unemployment Compensation Commission of a claim of the appellant, Frank Henderson Shelley, for an aggregate of $225 under the Unemployment Compensation Law.… Harlow v. Brand Page 421 Affirming. The appellant brought this action in the Jefferson circuit court to recover of appellee, Alfred B.… Tucker v. Ragland-Potter Co. Page 422 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Hodges v. Daviess County Page 423 Affirming. J.E. Thompson was sheriff of Daviess county from about January 1, 1934, until his death in April, 1936, and he was succeeded as sheriff by his widow, Mrs. Florence Thompson, who by appointment and subsequent election filled the remainder of the term.… Long v. City of Benton Page 424 Reversing. Benton, a city of the fifth class, recently amended its licensing ordinance by providing: "Dry Cleaners, Dyers, Renovators and Pressers operating plants and places of business wherein said work is done within said City of Benton, Kentucky, and subject to inspection therein, per year, .… Boggs v. Commonwealth Page 425 Affirming. The appellant was indicted for the murder of Leonard Smedley, convicted of voluntary manslaughter, and sentenced to ten years in prison.… Reynolds v. Coburn Page 426 Affirming. This appeal is from a judgment for $15,000 for the wrongful death of William Coburn in an action filed by his widow and infant children against the appellant, Franklin Reynolds, Jr. The action was filed in the Montgomery Circuit Court but a motion of the appellees for a change of venue was sustained and the… Trammell v. Citizens News Co., Inc. Page 427 Reversing. The Citizens News Company, a corporation, is engaged in the business of publishing a newspaper known as the Middlesboro Daily News in Middlesboro, Kentucky.… Reversing. George K. Pepper, a farmer 82 years of age, and his tenant, Ed Igo, jointly owned a crop of tobacco of the undisputed value of $1,700, which they had insured with the appellant, New York Underwriters Insurance Company, for $625.… Owens v. Goff Page 429 Affirming. The appellees and plaintiffs below, Warren Goff, et al., own a farm in Pulaski county, the south line or side of which is bordered by the Cumberland river.… Chesnut v. McPhetridge Page 430 Affirming. This action, filed by the appellant, Steve Chesnut, against the appellees, William McPhetridge and his wife, is the same character of action in all respects as that in Chesnut v. Allen, 282 Ky.… Affirming. The appellee, Porter-Leach Hardware Company, whom we will refer to as the Company, instituted this action to enforce a materialman's lien on a home constructed for G.W.… Kirwan v. Parkway Distillery, Inc. Page 432 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Couch v. Commonwealth Page 433 Opinion op the Court by Dismissing appeal.… Dismissing appeal. Elisha Couch and Ed Couch were indicted with George Couch and two others for the murder of Wash Daniel in June, 1937.… Reversing. The appellee sued appellant alleging that on April 7, 1938, he purchased in Louisville from the agent of the Southern Railway Company in Kentucky a ticket from Louisville via Danville to Stearns, a station on appellant's line, but that when appellant's train "Number One," to which he changed on arriving at… Rabold v. Gonyer Page 436 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Reversing. This is a companion case to that of Cincinnati, New Orleans Texas Pacific Railway Company v. Chester P.… United Carbon Co. v. Spence Page 438 Reversing. Rosa Spence brought this action originally against the Warfield Natural Gas Company, in December, 1938.… Carter v. Commonwealth Page 439 Dismissing appeal. The appellant, Sonn Carter, was convicted of the crime of malicious wounding and sentenced to be confined for three years in the penitentiary.… King v. Commonwealth Page 440 Reversing. The appellant was separately tried and convicted of voluntary manslaughter and sentenced to two years imprisonment under an indictment charging him and his father with the murder of Mitchell Davis, and an instruction informing the jury that although they might find appellant not guilty under Instruction No.… Clear Fork Coal Co. v. Robertson Page 441 Affirming. The appellant is a coal mining corporation with general offices in Middlesboro and a main office in the town of Fonde.… Reversing. G.S. Mitchell was killed by appellant's train at a crossing in the village of Woodbine, Whitley County.… Louisville N. R. Co. v. Bush's Adm'x Page 443 Reversing. Just after dark on the evening of December 7, 1938, James Bush was killed in the northern outskirts of the corporate limits of the town of Cumberland, in Harlan County, while walking on the track of appellant and defendant below, Louisville and Nashville Railroad Company – his death being produced by… Davenport v. Commonwealth Page 444 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Affirming. The appellee, J.H. Epperson, a coal miner, was injured in August, 1937, by a slate fall in appellant's mine.… Ramage v. Salem Bank Page 446 Appeal denied; Judgment affirmed. *Page 1 Atlas Coal Company v. Robertson Page 447 Appeal denied; judgment affirmed. *Page 855 Slone v. Commonwealth Page 448 Reversing. Allen Slone is city marshal of the town of Lackey.… Demaree v. Demaree Page 449 Affirming. Appellant and appellee were married September 28, 1916.… Stone v. Ashurst Page 450 Affirming. This is an appeal and cross appeal from a judgment mandatorily enjoining the defendants, Newt Ashurst and Cloda Ashurst, to replace a culvert in their driveway or to remove a fill constructed therein in order to permit the natural flow of surface water from the *Page 688 land of plaintiff, Henry Stone, and… Affirming. James Hayden, deceased husband of the appellee Mary Hayden, was an employee of the predecessor of the Standard Sanitary Manufacturing Company.… Smallwood v. Smallwood Page 452 Opinion of the Court by Affirming. The sole question presented for determination by this appeal is how much appellee and his three brothers, the appellants, individually contributed to the purchase price of a tract of land and the cost of a house which they erected upon it.… Clouse v. Glass Milling Co. Page 453 Dismissing motion. On the trial of a case in the Bell circuit court in which Chester Clouse was the plaintiff and Glass Milling Company was the defendant, the jury returned a verdict for the defendant and a judgment was entered dismissing the plaintiff's petition.… Griffith's Adm'x v. Miller Page 454 Reversing. The appellants, who were plaintiffs below, brought this action in the Boone circuit court against appellees D.W.… Gossage v. Gossage Page 455 Reversing. The litigation of which this appeal is an aftermath was inaugurated by W.A.… Kelly's Ex'r v. Kelly Page 456 Opinion of the Court by Affirming. *716 Sarah M.… Hays v. Metropolitan Life Ins. Co. Page 457 Opinion op the Court by Be-versing. On March 20, 1935, the Metropolitan Life Insurance Company issued to Vernal L.… Powell v. Sparks Milling Co. Page 458 Affirming. This is an appeal from a judgment of the Circuit *Page 728 Court entered following the issuance of our mandate in the case of Sparks Milling Co. v. J.T.… Hall's Adm'r v. Hall Page 459 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Kinnarney v. Corcoran Page 460 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Bigelow v. Reeves, Com'r of Revenue Page 461 Affirming. *Page 832 The appellant, Rachel M.… Marcum v. Commonwealth Page 462 Affirming. The grand jury of Laurel county returned an indictment against Carter Marcum, Farmer Begley, and Everett Inman charging them with the crime of grand larceny.… Cook v. Commonwealth Page 463 Reversing. Four years and one day is the penalty imposed by the jury in convicting Maston (Cub) Cook of voluntary manslaughter for the killing of Carlos Evans.… Reversing. The appeal is from a judgment directing the officers of the State to refund $1,000, with interest, to the appellee, H.… Reversing. The appellant issued an insurance policy on the life of Sam Long, providing for the payment of (1) death benefits of $1,000 and (2) accidental death benefits of an additional $1,000.… Neal v. Williams Page 466 Affirming. On the first appeal of this case, Neal v. Williams, 283 Ky.… Affirming. In September, 1913, Charles W.… Mattingly v. Kirtley Page 468 Reversing. The relief sought by this declaratory judgment action – filed in the Franklin circuit court by appellant as *Page 796 plaintiff below, against appellees as defendants below – was to procure a judicial determination as to where the parties are "at" in view of the somewhat bewildered condition of the… Chestnut v. City of Bowling Green Page 469 Reversing. By these proceedings the City of Bowling Green sought judicial approval of a bond issue to cover a floating indebtedness of approximately $80,000, including interest, accumulated over a period of years.… Williams v. Thomas Page 470 Affirming. This appeal is from a judgment in favor of the appellee, Lydia W.… Strunk v. Commonwealth Page 471 Affirming. Cal F. and Bennie Strunk were indicted jointly in the McCreary circuit court for the crime of hog stealing, the punishment for which is prescribed by Section 1196, Kentucky Statutes.… Wigginton v. Leech's Adm'x Page 472 Reversing in part and affirming in part. Parties appellant are Arthur Wigginton, two brothers and two sisters, children of Flora Leech, deceased, who was the wife of D.B.… Hickey v. Glass Page 473 Affirming. The appellee and defendant below, E.M.… Koppers Coal Co. v. Compton Page 474 Reversing. This proceeding originated in an application to the Workmen's Compensation Board, in which the appellees, *Page 846 Lindsey Compton, Mary Compton, and Foster Compton, the father, mother, and eighteen year old brother of Lon Compton, as total dependents, sought compensation for the latter's death.… Louisville N. R. Co. v. Wilson Page 475 Reversing. About one o'clock in the afternoon on December 7, *Page 773 1937, the appellee, a man 24 years of age and totally deaf, was struck and injured by a coal train operated by appellant, while walking upon its track with his back to the approaching train in a remote and sparsely settled section of Whitley County.… Ferree v. Ferree Page 476 Affirming. *Page 826 Cyrus Ferree was convicted in the Hardin circuit court for the willful murder of W.H.S.… Triplett v. Bays Page 477 Affirming. Trin V. Triplett brought this action against L.M.… Mullins v. Commonwealth Page 478 Affirming. *Page 805 Harrison Mullins has been convicted of the crime of maliciously shooting and wounding another with intent to kill, a crime defined by Section 1166 of the Kentucky Statutes, and sentenced to a term of 21 years in the state penitentiary.… Adams v. Commonwealth Page 479 Dismissing appeal. Jake Adams was indicted for willfully and maliciously shooting and wounding another with intent to kill, a crime defined by Section 1166 of the Kentucky Statutes.… Glanton v. Renner Page 480 Affirming. The appellant and appellee were married in the year 1920 and lived together as husband and wife for about five years at which time they separated while living in Chicago, Illinois.… Hargis v. Hargis Page 481 Affirming. The appellee and plaintiff below, Joanna E.… Laws v. Sturgill Page 482 Reversing in part and affirming in part. In the year 1901, Susan Sturgill, a widow, and her five children, Beverly, Myrtie, Joseph, Melvin and Willie B., became the owners of a tract of land in Floyd County containing about 150 acres, each owning an undivided one-sixth interest.… Affirming. The appellant, Mrs. Mary G. Ritter, sued the appellees, Kentucky-Tennessee Light Power Company, Associated Gas Electric Securities Company, and the General Utilities Security Company, to recover $925 for breach of contract to accept surrender of a certain security sold her and refund the money she had paid… Affirming. This appeal was perfected from a judgment entered upon a stipulation of facts to the effect that the appellant, the Pendennis Club, Incorporated, is, and at all times herein mentioned was, the holder of a Special Private Club License (hereinafter referred to as Special License) duly granted under Section… McNeal v. City of Louisville Page 485 Affirming. The appellant, who was the plaintiff below, brought this action in the Jefferson circuit court against the city of Louisville seeking to recover damages for injuries she sustained resulting from her falling on the street.… Merriss v. Commonwealth Page 486 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Caudell v. Commonwealth Page 487 Affirming. This is an appeal from a judgment sentencing appellant to ten years' imprisonment for incest committed with his infant daughter.… McCowan v. Isaacs Page 488 Affirming. This action was instituted by the appellee, Lizzie L.… Mullins v. Mutter Page 489 Affirming. The appellee, Alileen Mutter, recovered a judgment in the Pike circuit court against appellant, Noah Mullins, for the sum of $4,000 in this slander action against him for speaking of and concerning appellant – a young lady who at the time was sixteen years of age – that she was a "G__ D___ whore," and that… Cloversplint Coal Co. v. Blair Page 490 Affirming. On and for sometime prior to September 21, 1938, Orville Blair (22 years of age) and his brother, Dexter Blair (19 years of age) were employes of the appellant and defendant below, Cloversplint Coal Company, as miners in extracting coal from a mine owned and operated by defendant for that purpose in Harlan… Laine v. Commonwealth Page 491 Reversing. The appellant, G.J. Laine, hereinafter referred to as defendant, was convicted of embezzling money from a corporation while acting as its secretary and treasurer, *Page 136 an offense denounced by Kentucky Statutes, Section 1202, and his punishment was fixed at confinement in the penitentiary for one year.… Sizemore v. Stivers, Judge Page 492 Dismissing petition. By this action in this court the petitioner, Hugh Sizemore, seeks to prohibit Hon.… City of Frankfort v. Ballew Page 493 Reversing. The appellees, plaintiffs below, allege they are the owners of a house and lot located on East Main Street in Frankfort, which is occupied by James Ballew as a home; that D.D.… Tate v. Shaver Page 494 Affirming. These two appeals grow out of an automobile collision which occurred on January 28, 1939, at the intersection of College and Trowbridge streets in Greenville.… Bell v. Bell Page 495 Reversing. *Page 9 The purchaser of property sold under order of court appeals from a judgment overruling his exceptions to the report of sale.… Middleton v. Middleton Page 496 Reversing. Rachel Middleton obtained a divorce from G.W.… Affirming. This case involves the method followed by the City of Louisville in assessing the costs of construction of a *Page 5 part of Upland Road.… House v. Rawlings Page 498 Dismissing appeal. Since this appeal must he dismissed for reasons hereinafter stated, it would serve no useful purpose to give a detailed statement of the facts and the nature of the litigation.… Lane v. Taylor Page 499 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Affirming. Farris Baker was run over and killed by one of appellee's trains on November 8, 1938, and Maxline Brock qualified as administratrix of his estate on November 9, 1938.… Browns, Bell & Cowgill v. Soper Page 501 Affirming. On August 18, 1936, appellee's deceased husband received injuries in an automobile accident from which he died.… Fields v. Commonwealth Page 502 Affirming. Pearl Fields appeals from a judgment of conviction of voluntary manslaughter imposing a penalty of twenty-one years' imprisonment.… Harvey v. Commonwealth Page 503 Affirming. The grand jury of Montgomery county returned an indictment against Chester Harvey charging him with the crime of storehouse breaking.… Dismissing in part and affirming in part.… Illinois Cent. R. Co. v. Wallis. Page 505 Reversing. *Page 89 This appeal is from a judgment in favor of appellee, Russell Wallis, against the appellant, Illinois Central Railroad Company, for $4,500 for personal injuries.… Gresham v. Stacy Page 506 *115 Opinion op the Court by — Reversing.… Arrowood v. Duff Page 507 Affirming. On March 27, 1914, the Citizens National Life Insurance Company, in consideration of an annual premium of $50.10, issued a policy on the life of William O.… South v. Commonwealth Page 508 Reversing. The appellant, Bill South, appeals from a judgment sentencing him to the penitentiary for 21 years on a conviction of the voluntary manslaughter of Alvin Largin.… Hamlin v. Commonwealth Page 509 Affirming. The appellant, Oscar Hamlin, was convicted of the crime of maliciously striking and wounding another with intent to kill and was sentenced in the August, 1940, term of the McCreary circuit court to confinement at hard labor in the state reformatory at Lagrange, Kentucky, for a period of 2 years.… Affirming. This appeal may be referred to as a companion of, or closely related to, the appeal in Jim Sullenger et al.… Sullenger v. Sullenger's Adm'x Page 511 Affirming. B.L. Sullenger, a bachelor, died intestate September 22, 1940, leaving surviving two brothers and several nieces and nephews.… Renaker v. Thompson Page 512 Affirming. Appellant as treasurer for Oldham County is custodian of the "live stock fund," created for the payment of claims for stock killed or injured by dogs, the fund being sustained by an annual tax on the latter for the purpose.… Miles v. Booth Page 513 Reversing in part and affirming in part. The Kentucky Bankers Association (to which we will hereinafter refer as the "Association") is a Kentucky corporation, and in 1938, during which the matters herein involved occurred, J.C.… Affirming. This is an appeal from a judgment of the Madison Circuit Court awarding appellee a recovery against appellant for amounts expended in discharge of sub-contractors' liens arising out of the construction of school properties.… Talbott v. Burke Page 515 Affirming. The case involves the primary question of the right of a public officer to compel the State Treasurer to pay *Page 189 him a portion of the salaries, fees and expenses of his office after the appropriation made for such purpose by the Legislature has been exhausted.… Howard v. Turner Page 516 Reversing. In the year 1909 Rhoda Turner executed a deed purporting to convey to her then husband, Joe T.… Lazarus' Adm'x v. Hall Page 517 Reversing. Appellee, who was the plaintiff below, brought this action in the Warren circuit court against appellant as administratrix with the will annexed of Harry Lazarus, deceased, seeking to recover of the estate of Harry Lazarus commission on the sale of a farm which Lazarus sold to Robert Hutchinson in February… Affirming. In May, 1895, M.N. Huffaker, who was then one of the trustees of School District No. 27, in Wayne County, conveyed to the District a small boundary of land located therein for a school site.… Affirming. This case presents the question as to whether a municipality may place a tax on a nonresident liquor wholesaler, jobber or distributor, who delivers his products to customers within the municipality by means of his own trucks.… Pack v. Commonwealth Page 520 Affirming. The appellant, Fred Pack, was in September, 1939, indicted by the grand jury of Martin county on the charge of maliciously shooting at and wounding Frank Webb, an offense denounced as a felony by Section 1166, Kentucky Statutes.… Rose v. Rose Page 521 Affirming. This is an appeal from a judgment of the Kenton circuit court overruling exceptions filed by Robert Rose to the settlement of Norma Rose, administratrix of the estate of Harry Rose, deceased.… Hurt v. Gambill Page 522 Affirming. E.L. Gambill brought this action against A.C.… Mullins v. Potter Page 523 Opinion of the Court by — Affirming. *222 This appeal is from so much of a judgment as •quieted the title of appellee to two small triangular tracts of land, containing about three acres each, in an action of trespass filed by appellant against appellee for 'cutting timber on the land.… Barrett v. Barrett Page 524 Affirming. In the year 1932 a divorce was granted to appellee in an action filed against her by appellant.… Howard v. Southern Harlan Coal Co. Page 525 Affirming. For nine or more years "off and on" prior to September 21, 1938, appellant had been employed to cut and sell meat and do "general store work" in appellee's store at Lena Rue, Kentucky.… Kniffley v. Reid Page 526 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Rader v. Commonwealth Page 527 Reversing. The grand jury of Perry county returned an indictment against the appellant, Robert Rader, the accusatory part of which charged him with the offense of "aiding and assisting in setting up, carrying on, managing and operating a machine, known as a Slot Machine, whereby money may be won or lost." The… Mullins v. Staton Page 528 Affirming. The record before us presents an almost inextricable tangle between the two actions which were consolidated in the circuit court resulting in a judgment awarding the appellant, Nancy B.… Opinion op the Court by — Affirming. The appellant, who was engaged in the wholesale cake business, filed this action against the appellee for damages resulting from the loss of cakes made by him alleged to have occurred by reason of defects in a substance called plastex purchased from appellee and used by appellant… Smith v. Smith Page 530 Affirming. On August 5, 1935, appellant and plaintiff below, Ross Smith, filed this equity action in the Knox circuit court against appellee and defendant below, Elsie Williamson Smith, his wife, in which he prayed for an absolute divorce of their marital relation, but which on final trial was denied to him, although… Marshall v. White Page 531 Affirming. *Page 291 Our present school code was enacted in 1934 by Chapter 65 of the session acts of that year.… Smiddy v. Commonwealth Page 532 Affirming. On a Sunday afternoon in June, 1940, near his residence in that portion of the city of Jellico lying in Whitley county, Kentucky, the appellant and defendant below, Bill Smiddy, murdered his wife, then seventeen years of age, by stabbing her with a knife upon various parts of her body about sixteen times… Wilson v. Commonwealth Page 533 Reversing. The appellant, Van Wilson, has been convicted of the crime of manslaughter, and his punishment fixed at confinement in the state penitentiary for a term of 12 years.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Gresham v. Stacy Page 535 Affirming. At the time Elizabeth Stacy executed the deed, the validity of which is the subject of this litigation, she was ninety-nine years of age, bed-ridden because of a broken hip suffered years previously, paralyzed in her right arm, deaf, and suffering from a facial cancer.… Williams v. Commonwealth Page 536 Affirming. Russell Williams shot and killed Eulis Ritchie between nine and ten o'clock on the night of November 4, 1940.… Wachs v. Security Trust Co. Page 537 Affirming. George E. Goodwin, a resident of Fayette County Kentucky, died on Nov.… Affirming. This is an appeal from a judgment of the Franklin *Page 331 circuit court rendered in an action brought as an agreed case under Sections 637-639, Civil Code of Practice, by the Consolidation Coal Company (hereinafter referred to as the company) against the Unemployment Compensation Commission of Kentucky… Browning v. Ford Motor Co. Page 539 Affirming. On or about January 21, 1934, the appellant and compensation claimant, John William Browning, while at work as a surplus stock handler in the stockroom of the Ford Motor Company's plant in Louisville, Ky., claims to have sustained an accidental injury which resulted in a hernia.… Chambers v. Commonwealth Page 540 Opinion op the Court by — Reversing. The appellant, Duluth Chambers, has been convicted of stealing chickens and sentenced to a term of one year in the state penitentiary.… Hurst v. Paken Oil Co. Page 541 Affirming. On January 23, 1895, J.W. Miller and A.… Hale v. Hale Page 542 Affirming. J.S. Hale died in March, 1935, a citizen and resident of Fayette county, Kentucky.… Colyer v. Wheeling Tile Co. Page 543 Affirming. Z.M. Ford is an architect and contractor residing in Somerset, Ky.… Todd v. Todd Page 544 Affirming. *Page 276 In her suit for divorce the plaintiff, Patsy Todd, filed a motion for an allowance pendente lite of maintenance and of support of a child born March 25, 1941.… Woods v. Commonwealth Page 545 Reversing. This appeal is from a judgment sentencing appellant, Hamblin Woods, to 21 years confinement in the penitentiary for the voluntary manslaughter of Tom Deaton.… Black Motor Co. v. Isaacs Page 546 Motion for appeal and for cross-appeal denied; judgment affirmed. City of Covington v. Trenkamp Page 547 Affirming. Trenkamp was plaintiff below and the city, along with its administrative officers, defendants.… Gearhart v. Lee-Clay Products Co. Page 548 Opinion op the Court by — Affirming. *317 In an action by the appellant, George H.… Arnett v. Stumbo Page 549 Affirming. The appellant and a defendant below, W.L.… Hatfield v. Commonwealth Page 550 Affirming. Appellant, James Hatfield, was convicted of the crime of voluntary manslaughter and sentenced to confinement at hard labor in the state reformatory at La Grange, Kentucky, for 12 years.… Rex-Pyramid Oil Co. v. Magan Page 551 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Russell v. Halteman's Adm'x Page 552 Reversing. The Halteman Insurance Agency, a partnership composed of the appellee Lillian M.… *420 Opinion of the Court by — -Affirm- ing.… Affirming. Appellant has appealed from a judgment of $10,365 rendered against it in the Kenton circuit court in favor of appellee for personal injury damages resulting from a collision between an automobile driven by appellee and a trolley bus owned by appellant and operated by its employee.… Nall v. Nall Page 555 Reversing. The appellant and appellee were married in June, 1921, and lived together as husband and wife until November, 1939, at which latter date appellant left appellee and brought this action seeking judgment of divorce and alimony in the sum of $10,000 and a pendente lite allowance of $100 per month.… Affirming. *Page 455 David Wallace, Jr., eleven years of age, was a pupil in the Lower Colony school in Laurel County.… Amburgey v. Commonwealth Page 557 Affirming. Cuba Amburgey was convicted of killing Arco Angel and sentenced to two years' confinement in the penitentiary.… City of Richmond v. Goodloe Page 558 Reversing in part and affirming in part. On February 10, 1938, the City of Richmond (a city of the fourth class) filed this action in the Madison Circuit Court against George W.… Affirming. In Fiscal Court of Estill County v. Debt Commission of Kentucky et al., 286 Ky.… Turner v. Commonwealth Page 560 Affirming. Appellant, charged with the murder of James Otis Carter, was found guilty of manslaughter, the jury inflicting a penalty of five years' confinement in the Reformatory.… Pursifull v. Melton Page 561 Opinion of the Court by — Affirming. This appeal is from a judgment of the Bell circuit court overruling exceptions offered by appellants to a report of sale made by the master commissioner and confirming his report.… Tuttle v. Commonwealth Page 562 Affirming. Appellant was convicted under a true bill charging him with carnally knowing a female under sixteen, he being at the time more than twenty-one years of age, an offense denounced by Section 1155, Kentucky Statutes, the jury inflicting imprisonment for a period of seven years.… Raney v. Commonwealth Page 563 Reversing. The appellant was indicted for murder, convicted of voluntary manslaughter, and sentenced to twenty-one years imprisonment.… Reversing. This action was instituted by appellee to recover on a fire insurance policy allegedly issued by appellant, and defended on the ground that the policy was not issued by appellant but by a person who did not become its agent until many months after the purported date of issue.… Barnes v. Tipton Page 565 Reversing. Wallace Barnes died testate in 1929 while a citizen and resident of Estill County, Kentucky.… Hargis v. Maloney Page 566 Affirming. *Page 474 This action was filed in the Breathitt circuit court on January 27, 1940, by appellant and plaintiff below, A.H.… Newton v. Wetherby's Adm'x Page 567 Affirming. The appellant, James E. Newton, Jr., brought this action against the appellee, administratrix of the estate of Dr. Alfred D.… Newsome v. Commonwealth Page 568 Affirming. The appellant, Caleb Newsome, was indicted jointly with Alvis Newsome and Will Dillow for the murder of *Page 449 Taulbie Newsome, a brother of appellant and of Alvis Newsome.… Commonwealth v. Williams Page 569 Certifying the law. *Page 490 Appellee, Caleb Williams, was arrested in Danville, Kentucky, charged with transporting 225 cases of whiskey within the Commonwealth of Kentucky, without first having obtained a license so to do from the Department of Revenue.… Reversing. The question to be decided is whether to affirm or reverse a judgment that the County Road Engineer of Fayette County has the authority and privilege of appointing foremen and laborers to work on the roads of that county.… Howard v. Gross Page 571 Affirming. On November 10, 1898, James H.… Gardner v. Rapp Page 572 Appeal denied; judgment affirmed. Keathley v. Preston Page 573 Appeal denied; judgment affirmed. *Page 852 Walker v. Spears Page 574 Appeal denied; judgment affirmed. City of Hazard v. Duff Page 575 Affirming. This action was instituted by the city of Hazard against H.P.… Reversing. The Cleveland Wrecking Company, appellant in this appeal, is a corporation engaged in business as a wrecking contractor.… Castle v. McGaffee Page 577 Affirming. An automobile owned by appellee, a resident of Bell County, and driven by his sixteen year old son, collided with an automobile owned and driven by appellant, a resident of Whitley County.… Jenkins v. Martin Page 578 Reversing. *Page 558 The appellant, George W.… Affirming. Parties stipulated that on April 4, 1935, trustee for Emma Bennett, received from the Axton estate certain described securities of the aggregate value of $8,000.… Horn Transfer Line v. Reed Page 580 Reversing. Raymond Reed was killed September 25, 1939, while operating a motor truck for his employer, Horn Transfer Line, hereinafter referred to as the defendant.… Kenton County v. City of Covington Page 581 Reversing. The city of Covington brought this action in the Kenton Circuit Court against Kenton County and the members of the fiscal court, seeking to recover of the county rents for the use of the city public building.… Dills v. Commonwealth Page 582 Reversing. Appellant was convicted of the offense of setting up and operating a game of chance.… City of Pineville v. Asher Page 583 Reversing. The appellee, Mrs. L.T. Asher, brought this action against the City of Pineville to recover damages for injuries which she alleged she sustained when the heel of one of her shoes caught in a depression in a city sidewalk.… Barker v. Eades Page 584 Affirming. Thomas J. Coffey's will was probated in October, 1934, and we are called upon to review a judgment of the court of first instance construing the will.… Howard v. Commonwealth Page 585 Affirming. Dillard Howard and his codefendant, Dan Howard, were convicted of the crime of willfully confederating and banding themselves together and going forth armed for the purpose of intimidating or alarming another person.… Luntz v. Commonwealth Page 586 Reversing. Bill Luntz has been convicted of the crime of robbery, and sentenced to imprisonment in the state penitentiary for a term of ten years.… Horton v. Horton Page 587 Affirming. The details of the domestic tragedy out of which this litigation arose are fully recited in our opinion reported in276 Ky.… Davenport v. Commonwealth Page 588 Reversing. The indictment charges the appellant, Ray Davenport, with forging the name of Mrs. Ora Lee Dickerson to a bill of sale of an automobile, "same being the evidence of ownership of said motor vehicle and the subject of public recording upon the registration of said vehicle with the intent to defraud the said… Fain v. Commonwealth Page 589 Reversing. The appellant, Shirley Fain, was convicted in the Madison Circuit Court under an indictment charging him with the crime of uttering a forgery and sentenced to two years and nine months in the penitentiary.… Affirming. The Kenton Coal Oil Company brought an action in equity in the Clay circuit court against Petroleum Exploration, Inc., seeking the cancellation of an oil and gas lease executed and delivered to the defendant June 25, 1934, by Gardner Baker and wife and Georgia Campbell and husband, and asking that it be… Reversing. This is a second appeal and as the issues raised by the pleadings and the evidence adduced thereon in the first trial appear in the former opinion reported in 283 Ky.… Williams v. Commonwealth Page 592 Reversing. At the regular 1939 election for the office of judge of the Thirty-Third Circuit Court Judicial District in this Commonwealth the then incumbent, S.M.… Reversing. We sustain motions of Layton Smith and J.M.… Dunn v. Commonwealth Page 594 Affirming. George Dunn was indicted in Wolfe county in December, 1940, for operating a motor vehicle in such a careless, reckless and negligent manner as to cause the death of Otis Kash.… Peden's Adm'r v. Reynolds Page 595 Affirming. Ray Peden, at the time about eighteen years of age, met death in a collision between the automobile which he was driving and a truck on Highway No. 31-W, a short distance from Cave City.… Rawlings v. Clay Motor Co. Page 596 Affirming. This appeal has been prosecuted from a judgment entered on a verdict for appellee, defendant below, rendered by direction of the court at the close of plaintiff's evidence.… Tapp v. Sellars Page 597 Dismissing appeal. The judgment appealed from was rendered on the 10th day of January, 1940.… Elswick v. Justice Page 598 Reversing. On October 16, 1939, K.H. Elswick and Dixie Elswick executed their promissory note for $525 to James Bevins, W.K.… Reversing. On August 7, 1933, an insurance company delivered to appellant a check for $1,280.36 in payment of a life policy.… Affirming. The City of Newport brought separate suits against the Baltimore Ohio Railroad Company and the Pennsylvania *Page 615 Railroad Company seeking to have the Campbell Circuit Court assess their respective properties within the city for taxation for five years, levy the tax and award the city judgments for the… Campbell v. Snyder Page 601 Affirming. In June, 1913, the appellants, J.B.… Williams v. Commonwealth Page 602 Reversing. The appellant, Andy Williams, was convicted in the Leslie circuit court of the crime of false swearing and punished by three years confinement in the penitentiary.… Citizens Bank of Morehead v. Hunt Page 603 Reversing. This is a second appeal and as the issues raised in the pleadings and the proof heard thereon are set out in detail in the former opinion reported in Citizens Bank of Morehead v. Nickell, 277 Ky.… Gibbs v. Tyree Page 604 Affirming. Alleging among other things that an actual controversy existed relative to the enforceability of an alleged agreement by the appellee, Robert Tyree, not to renounce the will of his deceased wife, Mollie Tyree, appellant, as executrix and trustee thereof, instituted this action under the provisions of the… Sizemore v. Commonwealth Page 605 Reversing. This is a prosecution for false swearing in which the grand jury accused appellant, Sidney Sizemore, with having falsely testified in the Leslie circuit court at the trial of the same election contest action referred to in the recent case of Elvin Williams v. Commonwealth, 287 Ky.… Vinson v. Southern Ry. System Page 606 Reversing. The appellants, Herbert Vinson and Cova Vinson, suffered personal injuries when the automobile in which they were riding was struck by a freight train of the appellee, Southern Railway System, at the point where the railroad crosses Dumesnil Street about two squares west of 28th Street in Louisville.… Davis v. Stahl Page 607 Affirming. The appellant, Bert Davis, a citizen and voter of Bowling Green, filed this action contesting the nomination of six persons receiving the nomination for various county and city offices in Bowling Green and Warren County at the primary election on August 2, 1941, on the ground that they had violated the… Newsome v. Commonwealth Page 608 Reversing. Cecil Newsome and Lawson Brown were jointly indicted by the grand jury of the Floyd Circuit Court for the murder of Lawrence Collins.… Northeast Coal Co. v. Wells Page 609 Reversing. On January 17, 1936, appellee received an injury to his right arm while loading coal in appellant's mine.… Krider's v. Krider Page 610 Appeal denied; judgment affirmed. Blevins v. Boggs Page 611 Appeal denied; judgment affirmed. Robertson v. Commonwealth Page 612 Appeal denied; judgment affirmed. Martin v. Scott Page 613 Appeal denied; judgment affirmed. *Page 853 Lowe v. Commonwealth Page 614 Appeal denied; judgment affirmed. *Page 854 Yates v. Begley Page 615 Appeal denied; judgment affirmed. *Page 855 Stephens v. Davis Page 616 Appeal denied; judgment affirmed. Spielberger v. Commonwealth Page 617 Appeal denied; judgment affirmed. Gayheart's Adm'r v. Gayheart Page 618 Affirming. Mrs. Jemima Gayheart died intestate on May 11, 1930, possessing practically no personal estate but was the owner of a 50 acre farm located in Knott County upon which she resided.… Pool v. First Nat. Bank of Princeton Page 619 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Hardesty v. Coots Page 620 Affirming. John W. Coots died testate in 1909 a resident of Shelby County, Kentucky, and his will was duly probated.… Kelley v. Barlow Page 621 Affirming in part and reversing in part. Victor L.… Marshall's Adm'r v. Webster Page 622 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Louisville N. R. Co. v. Sloan Page 623 Reversing. Hot cinders from a passing locomotive belonging to appellant struck appellee in the eye as she was standing at an under pass in the city of Corbin, Kentucky.… Puryear v. Webster Page 624 Affirming. Mrs. Anna Puryear filed this action against three officers of the closed Bank of Campbellsville and the officer in charge of the liquidation of the bank, seeking first to have the liquidator pay to her her claimed pro rata part of $4,000, and, in the event the court should be of the opinion that she was not… Louisville N. R. Co. v. Smith Page 625 Reversing. Louis Smith brought this action against the Louisville Nashville Railroad Company to recover damages for an injury he sustained while letting down the bottom of one of the Company's coal cars.… Robinson v. Von Spreckelsen Page 626 Affirming. When the late C.V. Robinson made his holographic will on February 25, 1929, his family consisted of his wife, Mrs. Elizabeth Robinson, a son, G.W.… Rives v. City of Paducah Page 627 Reversing. By this proceeding for a writ of mandamus, the appellants, policemen and firemen of the City of Paducah, sought to compel the Board of Commissioners of that city to submit to a vote of the electorate an ordinance, which the board had rejected, fixing the number of officers and privates of the police and… Smith v. Commonwealth Page 628 Opinion of the Court by — Affirming. The appellant, Arthur Smith, has been convicted’of the crime of chicken stealing and his punishment fixed at confinement in the state penitentiary for a term of one year.… McGuire v. Commonwealth Page 629 Affirming. *Page 718 The appellant, Charles Lee McGuire, a negro, upon trial for the murder of Gus Johnson, another negro, was convicted of voluntary manslaughter and sentenced to the penitentiary for 21 years and appeals from that judgment, the principal ground relied on for reversal being that the verdict is… Affirming. The appellee, Kentucky Mine Supply Company, a corporation with principal office in Harlan, purchased 50 shares of its stock which had been pledged by the appellant, Jessamine R.… McKenty v. Caldwell Page 631 Affirming. In May, 1903, the Mutual Benefit Life Insurance Company, (hereinafter called the insurance company) *Page 751 issued to Robert L.… May v. Runyon Page 632 Affirming. The appellant L.J. May contests the nomination of J.A.… Howe v. Howe's Ex'x Page 633 Affirming. This appeal involves the construction of the last will and testament of Frances Milward Howe.… Root v. Rowland Page 634 Affirming. In September, 1932, M.F. Root and his wife, Belle Root, executed a $1,000 note, due and payable one year after date, to Henry Rowland.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Straight Creek Bus, Inc. v. Combs Page 636 Reversing. The Straight Creek Bus Company, after complying with the statutory provisions enabling it to operate as a common carrier between fixed termini in Bell County, was granted a certificate of convenience and necessity to so operate.… Higgins v. Commonwealth Page 637 Affirming. Wilburn Higgins, having been indicted by the grand jury of Menifee county for the crime of maliciously shooting and wounding Jim Mullins (an offense denounced by Section 1166, Kentucky Statutes), was upon his trial convicted and his punishment fixed at 2 years' confinement in the state penitentiary.… Veal v. Thompson Page 638 Affirming. At the August, 1941, primary election appellant and appellee were opposing candidates for the Democratic nomination for the office of jailer of Fayette county.… Osborne v. Helton Page 639 Affirming. In this contest of the nomination of James S.… Stafford v. Stafford Page 640 Affirming. The matter before us involves the custody of two infant daughters of the parties above named.… Monhollan v. Rice Page 641 Affirming. The appellant, Tom Monhollan, and the appellee, R.M.… Kincaid v. Hurst Page 642 Affirming. The sole question presented for decision by this appeal is whether an adverse judgment in a proceeding for a re-count of the ballots cast in the August 2, 1941, Primary barred a subsequent contest by appellee in which he was adjudged entitled to the Republican nomination for the office of sheriff of Lee… Gwinn v. Gwinn's Adm'r Page 643 Affirming. In this action a declaratory judgment was sought as to the character of the estate taken by the widow of Haskell Gwinn pursuant to his will executed February 24, 1941, which was as follows: "Danville, Ky., Feb.… Maggard v. Commonwealth Page 644 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Kinslow v. Combs' Adm'r Page 645 Affirming. T.Y. Combs died in August 1939.… Affirming. The Donaldson Baking Company, a Kentucky corporation, was threatened with prosecution by the City of Mount Sterling for the violation of an ordinance of that city forbidding uninvited solicitors from going to private residences for the purpose of selling merchandise, which ordinance denounced the offense to… Carpenter v. Commonwealth Page 647 Reversing. On the afternoon of November 5, 1939, the appellant, Herbert Carpenter, shot and killed Victor Ashley.… Reversing. This is the second appeal of this case.… Affirming. I.F. Peeler, administrator of the estate of Jesse Nathan Mathis, deceased, brought this action in the McCracken Circuit Court against the appellee, seeking to recover of it for the wrongful death of his decedent under an Act of Congress known as the Jones Act, 46 U.S.C.A., Section 688.… Denying appeal and dismissing matter. The Sterling Hardware Company has prayed an appeal to this Court from a judgment overruling its motion to cancel and discharge an attachment in favor of the Jeff Newberry Company in the amount of $102.24, and one in favor of the Powell Hackney Grocery Company in the amount of… Lawrence County v. Stewart Page 651 Affirming. On August 28, 1940, the fiscal court of Lawrence county adopted an order which read in part: "Upon motion of Ora C.… Conrad v. Commonwealth Page 652 Reversing. Appellant was convicted of the crime of breaking a storehouse and taking money therefrom.… Green v. Bryant Page 653 Affirming. We decided in the case of Blankenship v. Green, 283 Ky.… Daniel's Adm'r v. Hoofnel Page 654 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People and organizations on PlainSite with a photograph on file, alphabetically. A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
Y
Z
By state
AL
AK
AZ
AR
CA
CO
CT
DE
DC
FL
GA
GU
HI
ID
IL
IN
IA
KS
KY
LA
ME
MD
MA
MI
MN
MS
MO
MT
NE
NV
NH
NJ
NM
NY
NC
ND
OH
OK
OR
PA
PR
RI
SC
SD
TN
TX
UT
VT
VI
VA
WA
WV
WI
WY
Canada Every court, agency and venue in the state or province, with its cases. See filings as they land. PlainSite Pro shows the live feed itself, filters any court or firm's cases by venue and type, and explains filings in plain English. See what Pro includes →
Explore
Courts · Judges · Opinions · Flagged filings · Law firms | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||