Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → ky-lexis → Volume 1942

Opinions in ky-lexis Volume 1942

Reversing. This case involves the question of the constitutionality of Chapter 66 of the 1940 Acts of the General Assembly of Kentucky, entitled: "An Act to amend and re-enact Chapter 65, Article V, Section 15 of the Acts of the General Assembly of 1934, by appending a clause to Section 15 (Section 4399-20, Carroll's Kentucky Statutes, 1936) providing for the transportation of school children ...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 795 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 796 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Affirming. The appellants and appellees are the owners of adjoining farms in Hancock county, Kentucky. It appears that about sixty years ago the then owners of the respective farms, and predecessors in title to appellants and appellees, constructed a ditch about 836 yards long, about four feet deep, and about three feet wide, running practically due north and south on the line between their farms ...
Views: 0
Reversing. This action was instituted by appellee to procure the cancellation of an assignment transferring all of its oil and gas leases to the appellant. The instrument purported to have been executed and acknowledged on August 6, 1937, by the President and Secretary of the corporation, but, in fact, was prepared by W.M. Pursifull, appellant's brother and the corporation's general manager, who a...
Views: 1
Affirming. The appeal is from a judgment fixing the valuation of shares of stock of the Farmers National Bank of Somerset for taxation by that city. KRS 92.500, 92.510, 132.200, 136.270, 136.280. The bank had listed the total value of its 1,000 shares at $66,500, which included $18,000 as the value of its real estate. The City Board of Supervisors fixed the value at $172,687, including $22,000 of ...
Views: 0
Affirming. The appellee recovered a judgment for $1,500 for the death of Larry Kitchen, his infant son, who was killed in a collision between an automobile and a delivery truck of the Midland Baking Company operated by *Page 161 Louie Stevens. The accident occurred shortly after nightfall while the truck was parked on the left side of the highway facing west, that is, facing the automobile which ...
Views: 0
Reversing. In February, 1938, appellee, J.L. Sanders, became surety on a replevin bond for appellant in the sum of $475, plus costs, etc. Appellant failed to pay the bond and on May 28, 1938, appellee paid the bond, costs and interest, *Page 217 amounting to $524.57. In November, 1940, appellee brought this action in the Madison circuit court against appellant to recover of him the sum or amount ...
Views: 0
Reversing. This action was instituted by the ancillary administrator of D.H. Dotson, who died testate, a resident of Adams county, Ohio. The parties to the action seek a construction of the will which was probated originally in the county of the home of the deceased. It appears from the allegations of the plea in abatement that in a suit filed in a court of competent jurisdiction in Adams county, ...
Views: 0
Affirming. A. Hite Barrett, father of Thomas Barrett, died in August 1929. In his will of August 1920 he vested in his son Thomas one-half his estate absolutely. The other one-half was controlled by paragraph 5, Clause C of the will, which provided how the remainder should be distributed in case the son died leaving a widow and lawful issue, or either, giving him power of appointment in the follow...
Views: 2
Affirming in part and reversing in part. This appeal brings in question the correctness of a judgment holding valid certain parts of Chap. 79 of the Acts of 1940 (KRS 393.010 et seq.), as amended by Chap. 156 of the Acts of 1942, dealing with escheats and with the disposition of certain classes of property declared to be presumed abandoned. By the cross appeal it is sought to reverse the judgment ...
Views: 2
Appeal denied; judgment affirmed. ...
Views: 0
Affirming. This is a second appeal and as the former opinion, reported in 290 Ky. 64, 160 S.W.2d 137, recites the issues raised by the pleadings and the evidence adduced thereon, they will not be repeated here except insofar as it may be necessary for the proper consideration of this appeal. Despite the fact that the question of tender passed out of the picture for the reason given in the first op...
Views: 0
Affirming. At the regular election held in Graves county in November, 1937, for choosing county officers for the term beginning the first Monday in January, 1938, and extending to the first Monday in January, 1942, W.H. Wyman was elected county attorney. He qualified and discharged the duties of the office until his death on August 9, 1940. On August 12, 1940, Aubrey Hester was appointed to fill t...
Views: 0
Affirming. Appellant was indicted with McCoy Combs and two girl companions for the murder of Robert McIntyre. Combs was tried first following his motion for severance at the September, 1941, term of the Perry circuit court, October 3rd; the jury finding him guilty inflicted the death penalty. Later at the same term appellant was called to trial, the jury failing to agree upon a verdict. On Decembe...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 3 Affirming. Appellant, Burnett Sexton, Viola Crouch and May Trent, were indicted for the murder of Robert McIntyre. Severance was asked, and the Commonwealth first elected to try Sexton, later electing to try appellant, the trial resulting in a verdict of gu...
Views: 0
Reversing. This action is an aftermath of a fatal automobile accident wherein the driver of the car was protected by one automobile indemnity insurance company, and the owner of the car by another. The driver's policy contained a provision insuring him while driving his own car and when driving another's car on business or pleasure with the owner's consent. The owner's policy contained a similar p...
Views: 1
Reversing. This suit is prosecuted by two brothers and a sister against another sister for partition of 210 acres of land in Knox County. A special chancellor adjudged the land could not be fairly divided among the four owners because of the existence of coal and the probability of gas underneath it. The case is before us for review on the appeal of the plaintiffs. Before considering the evidence,...
Views: 1
Affirming. In the first appeal of this case, Morgan v. Walker, 289 Ky. 92, 158 S.W.2d 5, we held that it was error to sustain a demurrer to the contestant's petition wherein it was charged that sheets of names were taken from an abandoned petition calling for a local option election on March 14, 1941, and attached to a petition wherein the date of the election was left blank. We pointed out that ...
Views: 2
Affirming. The appellee, Mrs. Nannie Owens, recovered a judgment for $1,500 against Glenn Oldfield for injuries sustained by her in an automobile accident which occurred about 5:45 p. m., May 13, 1941, on U.S. Highway No. 27 several miles north of Whitley City. Appellee was riding in a Ford automobile with her husband and four children, and was returning to her home from Whitley City. In her petit...
Views: 1
Affirming. For many years, appellees, Dr. and Mrs. Owen Pigman, have owned a lot situate within the are of a bend in the north fork of the Kentucky river in the city of Whitesburg, and in the year 1937, constructed a valuable home thereon. About the same time the city of Whitesburg with the aid of the Works Progress Administration *Page 242 commenced the construction of a new bridge crossing the ...
Views: 0
Reversing. The Lincoln Building Loan Association brought an action in the Jefferson circuit court on August 15, 1940, against Irving S. Cohen to foreclose a mortgage on a house and lot executed by Cohen December 21, 1939, to secure the payment of a loan of $2,000 made to him. Rose Gardner Woodward and Elise Gardner Snyder, *Page 236 the actual owners of the property who were residents of Chicago...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 46 Affirming. On the first appeal of this case we held that deeds tendered Judge Robert H. Winn, who had contracted to purchase certain property in Mt. Sterling, would not have passed a fee simple title and that the judgment enforcing specific performance was...
Views: 3
Affirming. The action was filed by appellee, Alice Lunsford McDaniel, whereby she sought alimony and a divorce from bed and board from her husband, T.C. McDaniel. She alleged cruel and inhuman treatment and a confirmed habit of drunkenness, attended with wasting of his estate. Appellant entered a general denial, and, by way of counter-claim, sought to obtain a judgment of absolute divorce from app...
Views: 2
Dismissing Appeal. This appeal is from a judgment rendered in the Pike circuit court March 31, 1939, vacating a judgment rendered December 9, 1933, in an action styled "Jeff Davis et al. v. Richard Thompson, Business Administrator," and canceling a deed executed pursuant to that judgment by the master commissioner of the Pike circuit court to Eliza Staton. The appellees moved to strike from the re...
Views: 0
*35 Opinion op the Court by Affirming. The case involves an interpretation of Section 2554b-151, Ky. Stats, (now Ky. Rev. Stats., 244.180, 244.190, 244.200), relating to the disposition of property declared by the Alcoholic Beverage Control Law to be contraband. William Kiddy and Charles E. Riedinger, Jr., waived an examining trial in the Campbell County Court on the charge of transportin...
Views: 0
Opinion op the Court by Affirming. This appeal involves tlie construction of the will of Dr. M. V. Edwards who died a resident of Hart County, Kentucky. That part of the will involved herein reads as follows: *54 “I also give and devise to my wife, Lissie G-. Edwards, as trustee for I. E., H. A. and J. Y. Cook, the old Clay Cook place near Seymour, Kentucky, same to be for the use and enj...
Views: 2
Reversing. Lester Roundtree insured a 1940 model three-quarter ton Ford truck with the Service Fire Insurance Company for $745 in February, 1940. He suffered a loss by *Page 60 theft and fire on August 20, 1940. The truck had been driven about 5,000 miles at that time. The claim was referred to an adjuster by the name of Patterson, not an employee of the Insurance Company. Patterson and Roundtree...
Views: 0
Affirming. Paul Goodwin, a boy 19 years of age, was struck by a car driven by the appellant, Dr. Claude E. Smith, while crossing the Dixie Highway at the intersection of Arlington Road a few hundred feet south of the city limits of Covington. The accident occurred about 7:00 o'clock on the night of January 5, 1939. Goodwin's left leg was broken. He recovered a judgment of $2500; hence this appeal....
Views: 1
Reversing. The appellant instituted this action in the Woodford Circuit Court to recover damages of appellee for breach of contract. The court sustained a general demurrer to the petition and this appeal follows. On October 26, 1927, appellant leased to appellee certain hotel property in the city of Ashland, Kentucky, for a period of twenty years. The lease was supplemented by another contract exe...
Views: 1
Affirming. The appellant was convicted of detaining against her will, with intent to have carnal knowledge of her, a female under sixteen years of age, and was sentenced to three years in the penitentiary. The fourteen year old prosecuting witness testified that the offense was committed while she was beside her dying mother who had been injured an hour or so before while "joy riding" with appella...
Views: 0
Affirming. The appellant was convicted and sentenced to five years in the penitentiary under an indictment, the "accusatory" and "descriptive" parts of which, are as follows: "The Grand Jury of the County of Lawrence in the name and by the authority of the Commonwealth of Kentucky, accuse George Franklin Adkins of the crime of cutting and wounding with intent to kill committed in manner and fo...
Views: 0
Affirming. The appellant, G. Tom Hawkins, who was a candidate for the Republican nomination for United States Senator at the primary election on August 1, 1942, forwarded to the clerk of the Franklin circuit court on August 12 a petition purportedly contesting the nomination not only of the successful Republican candidate but of the Democratic nominee as well. Also named as parties were the unsucc...
Views: 0
Reversing. S.A. Cross, R.F. Williams and Lubie Heflin, claiming to be the duly elected Drainage Commissioners of Mayfield Creek Drainage District No. 1, located in Graves County, filed this suit in equity against A.C. Pickard, W.T. Lyell and P.R. Brown, individually, and as former members of the board of drainage commissioners of that district, to obtain from defendants the maps, papers, books and...
Views: 0
Reversing. Appellants, Ed. Gardner and First National Bank of Mayfield, Ky., filed this action against the Board of Drainage Commissioners of Mayfield Creek District No. 1 and S.A. Cross, R.F. Williams and Lubie Heflin, members composing that board, wherein they sought a writ of mandamus to compel the members of the board to reconvene and rescind their election of E.G. Chapman as treasurer of the ...
Views: 0
Affirming. The grand jury of Estill county indicted appellant, Lem Radford, jointly with Tracey Covey, charging them with the murder of Otha Stevens by shooting him with a shotgun with the necessary criminal intent to constitute the crime named in the indictment. At his separate trial appellant was convicted of the crime of voluntary manslaughter and punished by confinement in the state penitentia...
Views: 0
Affirming. The appellant, Howard M. Sharpe, now serving a life sentence in the state penitentiary at Eddyville following his conviction for murder in the Fayette circuit court, filed a petition for a writ of habeas corpus in the Lyons circuit court. On final hearing the writ was discharged and relief denied. This appeal follows. After appellant's conviction in the Fayette circuit court (from which...
Views: 1
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. *Page 852 ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 1
Appeal denied; judgment affirmed. *Page 853 ...
Views: 0
Affirming. In the early morning of Sunday, September 28, 1941, J.M. Giles, owner of a sanitarium in Fayette County, one-fourth mile from the Lexington Country Clubhouse, was aroused by the ringing of his doorbell. When he opened the door a woman clad in her night clothes fell into the hallway. Her night clothing was soaked with blood. The woman was Mrs. Elsie Miley, matron at the clubhouse, the mo...
Views: 1
Affirming. This appeal is companion to Penney v. Commonwealth, 292 Ky. 192, 166 S.W.2d 18, and Anderson v. Commonwealth, 291 Ky. 727, 166 S.W.2d 30, growing out of convictions for the murder of Marion Miley on the morning of September 28, 1941. The trial for conspiracy beginning on December 15, resulted in a verdict and consequent judgment of guilty, with sentence of death. It is not necessary t...
Views: 1
Reversing. Appellant filed this action for himself and on behalf of several other students of the elementary grades of the Shopville Pulaski County school, seeking injunctive relief to require the Pulaski County Board of Education and its employees to furnish free transportation to him and the students he represents from their respective homes to the school and return. In the year 1935, the school...
Views: 0
Reversing. Since the trial court sustained a demurrer to the petition, as amended, the sole question for determination is whether it stated a cause of action against appellee, Churchill Downs-Latonia, Incorporated. On April 24, 1936, the Governor of the Commonwealth issued an order directing certain detachments of the National Guard of Kentucky, approximately 600 in number, to report May 2, 1936 (...
Views: 5
Affirming. This action involves a deficiency in the number of acres of land conveyed by the appellants to the appellees in exchange for other property and $4,500 in notes executed by the appellees. The appellees, plaintiffs below, charge that they paid $7,000 for what was represented to them as 106 acres of land, whereas the tract contained only 71.83 acres, and also that they purchased certain li...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 122 Affirming. The judgment is for $5,500 for personal injuries sustained by a nine year old boy, Jeff Henry Vaughn, while playing on a railroad turntable in Greensburg, on February 26, 1940. The boy and five companions, from 10 to 13 years old, left off play...
Views: 9
Affirming. The appellants (plaintiffs below) brought this action in the Allen Circuit Court against appellees to have a certain deed executed by appellants to appellees declared to be a mortgage, and for a settlement and accounting for certain business transactions had between the parties. Plaintiffs alleged in their petition that on January 18, 1936, they executed and delivered to defendant Whit ...
Views: 0
Affirming. In May, 1939, Sam Malis purchased an interest in *Page 107 a partnership formed by Roger O. Moore and F.S. Laubert, which was carrying on a business of acidizing oil and gas wells around Owensboro. On May 8th, Moore and Laubert gave Malis a receipt for $2,500 which he had paid into the firm. The receipt contained the following provision: "* * * It is further understood that said S. M...
Views: 6
Affirming. The administrator of the estate of Max Sellinger seeks a refund of inheritance taxes, amounting to $140,220.61, paid on gifts made by Sellinger prior to his death. Max Sellinger died testate a resident of Louisville, Kentucky, on April 9, 1938, at the age of 86, leaving surviving him his wife, Mrs. Nannie Sellinger, and two daughters, Miss Jessie Sellinger and Mrs. Leah Sellinger Stanna...
Views: 2
Reversing. This appeal involves the question of the right of appellee, Pendleton County Board of Education, through and by the fiscal court of Pendleton county, to issue funding bonds in the principal sum of $53,000, bearing interest at the rate of 3 1/2%, to pay an obligation or indebtedness incurred by it in the reconstruction of a school building in Pendleton county which was destroyed by fire....
Views: 0
Reversing. On January 5, 1939, Mrs. Geneva Daniel Pratt conveyed to Mrs. Lottie Terry a certain lot in the city of Marion, Crittenden county, in consideration of the payment of $700 in cash and the assumption of the payment of a $1000 mortgage indebtedness against the property. On the same day, but by separate instrument, Mrs. Terry agreed to reconvey the lot to Mrs. Pratt, upon the payment by her...
Views: 0
Affirming. John W. Faulkner was Jailer of Whitley County and Arthur Mayne was his deputy. On May 10, 1939, Mayne drove the car of Faulkner off the highway at a filling station in Corbin between 8 and 9 o'clock P. M. and struck the plaintiff, John Henry Sharp, who lost a leg as a result of the accident and instituted this action against both Mayne and Faulkner for $14,200. He alleged that Mayne, wh...
Views: 4
Affirming. On February 5, 1940, while riding in an automobile on a public highway in Garrard county, as an invitee of defendant and appellee, Leslie Scarsella – the owner and then operator of the automobile – Helen Vassill, as the result of a collision with another automobile, was instantly killed, she then being a young lady 16 years of age, and residing with her father in his home in Cincinnati,...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 225 Affirming. This appeal is from a judgment for $18,000 in favor of appellee for damages for the wrongful death of his decedent, Archer Moore, a resident of Ashland, who was shot and killed in Bowling Green, near appellant's railroad yards, by M.P. Raney, a...
Views: 2
Affirming. Sometime prior to September 24, 1942 (the date not being shown), the city of Vanceburg, Lewis county, Kentucky, of the fifth class, acquired a municipal lighting plant for the benefit of the citizens of the city and which was located therein. About the same time or prior thereto it also acquired and became the owner of an electrically equipped line, with appurtenant rights, running from...
Views: 3
Affirming. This appeal presents a controversy between mother and son, involving the cancellation of a deed from the mother to the son. The mother is a widow about 70 years of age; the son is about 26. The father of appellee died about the year 1932, leaving her a small tract of land, title to which is in controversy here. Carpenter v. Wynn, 252 Ky. 543,67 S.W.2d 688. During the last days of the fa...
Views: 1
Dismissing Petition. Prior to the time when Graves County became local option territory the Schlitz Brewing Company maintained along a highway of the county, on private property, a large wooden sign advertising Schlitz beer and Sterling Brewers maintained a number of similar signs advertising its product. After local option became effective in the county these advertising billboards were not remov...
Views: 0
Affirming. On February 12, 1939, the appellant, E.V. Spicer, became the purchaser at decretal sale of a farm, formerly owned by his deceased father, which was sold in settlement of the latter's estate. J.M. Elmore, then husband of appellee, signed the purchase-money bonds amounting to $5,400 as surety. In order to protect his surety Spicer executed and delivered to him a writing by which it was ag...
Views: 1
Opinion by Dismissing Petition. The plaintiff, James M. Hays, has here filed his original action, seeking a mandatory injunction against the honorable Flem D. Sampson, sitting as judge of the Knox *151 Circuit Court, requiring him to make a ruling either sustaining or overruling plaintiff’s application for a receiver. The record discloses that this instant summary proceeding arises out of...
Views: 1
Dismissing Appeal. This appeal is from a judgment in favor of Lincoln Eversole, plaintiff below, cancelling deeds purporting to bear his signature, and from an order refusing to vacate that judgment. The record discloses that Eversole died intestate on June 29, 1938, while the motion to set aside the judgment was pending, and that the action had been revived in the names of the alleged heirs and r...
Views: 0
Affirming. James Gailor died testate, while a citizen of and residing in Taylor county, in the latter part of September or the first part of October, 1940. In due time following his death a will executed by him on May 20, 1938, together with a later codicil executed on September 3 of the same year, were each offered and probated by the county court of Taylor county. The testator was a bachelor and...
Views: 0
Reversing. This litigation involves an attempt upon the part of the older brothers and sisters of Elsie Cooper Johnson to have set aside two deeds under which their mother, Sarah Ann Cooper, conveyed two small tracts of land to her, upon the charge that the conveyances had been obtained fraudulently. The father, G.M. Cooper, who died in 1937, joined in the deeds. The appellees, plaintiffs below, s...
Views: 0
Affirming. T.S. Robinson entered into a contract with the appellees, R.L. Pope and C.B. Upton, to represent him in a claim for damages against the appellants, Jellico Coal Mining Company and its foreman, Eugene Steele. The claim was based upon alleged injuries received by Robinson while working for the Company. The appellees were to get 50 per cent of whatever amount was realized upon the claim an...
Views: 2
Reversing. This is an appeal from a judgment of the McCracken circuit court dismissing an appeal from an order of the Board of Adjustment of the City Planning Zoning Commission of Paducah exempting the property of E.L. Beyer and Lucille Beyer from the restrictions of the zoning ordinances of the city. The property is located on the northeast corner of Kentucky avenue and 19th street, and fronts 2...
Views: 5
Reversing. Lemuel S. Stanley and Cordelia Stanley brought an action against the Sycamore Coal Company to recover damages for the alleged destruction of a well or spring on their land. The case was submitted to a jury which returned a verdict for the plaintiffs in the sum of $475. The defendant has filed a motion for an appeal. The Stanley farm adjoins appellant's land. Appellant drilled a core hol...
Views: 3
Affirming. This appeal involves the ownership of a school and lot located in Campbellsville, a fifth class city, and used for the education of colored children. The appellant, Board of Education of Taylor County (hereinafter referred to as the county board) filed a petition in equity against appellee, Board of Education of the City of Campbellsville (hereinafter referred to as the city board), ass...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 253 Reversing. Dr. F.W. Nunn, prior to his death in 1935, owned 120 acres of land adjacent to the reservoir of the Marion Water system which appellees, his widow and children, inherited and were in possession of, when in September, 1939, an employee of the ci...
Views: 0
Granting Injunction. The motion of the Commonwealth to grant the temporary injunctive relief denied by the Chancellor has been allotted to the undersigned Judge of the Court of Appeals for consideration, and in the opinion of the members of that Court, the importance of the questions involved requires that a summary of the reasons for the conclusions reached, be published. The salient facts disclo...
Views: 0
Affirming. Prior to the year 1937 (the record not disclosing when) the then owners of an area of land within the corporate limits of the city of Louisille, Kentucky, subdivided it into lots with the restriction that they should be occupied for residence purposes only, except if not so occupied, they might be devoted to agricultural purposes by the owners. The plat of the subdivision containing suc...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 290 Affirming in part and reversing in part. The case involves the validity of the whole and numerous items of the 1942 General Assembly bill (House Bill No. 1, Chap. 1, Page 1, Acts 1942, General Assembly) and the 1942 Deficiency Appropriation bill (Senate B...
Views: 2
Affirming. Appellant and appellee, formerly husband and wife, were divorced by a judgment of the Logan circuit court in May, 1929, and appellant was awarded the custody of their child and $500 permanent alimony. In 1931 appellant married one Marshall Smith and they are still living together. Appellee never remarried. Claiming that the judgment for alimony had not been paid, in September, 1941, app...
Views: 1
Overruling Motion. This is an original proceeding in this court in which the petitioner seeks a writ prohibiting Hon. Gilbert Burnett, Judge of the Jefferson Circuit Court, Chancery Branch, Second Division, from amending the judgment entered in said court on May 13, 1942, in the action of Anne Louise Munson Duncan v. Charles Y. Duncan, and from entering any order therein affecting the custody of p...
Views: 2
Reversing. Frank Marr took out a fire insurance policy on his barn on October 2, 1940. The barn burned October 23rd. Marr was away from home at that time. A few days after the fire he went to the office of the soliciting agent who had taken his application for the policy and was told *Page 284 that the Company had already been notified of the loss. J.E. Newton, staff adjuster for the Company, mad...
Views: 0
Affirming. This appeal involves the construction of the will of A.A. Garr, who died in 1922 a citizen and resident of Oldham county, Kentucky. The will reads: "I, A.A. Garr, do make and publish this my last will and testament as follows: After all my debts and funeral expenses are paid I give all my property that I may die seized and possessed of both personal and real to my wife, Mattie B. Ga...
Views: 0
Reversing. By the enactment of Chapter 80 of the Session Acts of 1914, Page 338, the Legislature of this Commonwealth created the office of County Road Engineer. The parts of the chapter creating such office begin with Section 39 of that Act and are contained in Section 4325 et seq., of *Page 558 Baldwin's 1936 Revision of Carroll's Kentucky Statutes, and Section 179.020 et seq. of the 1942 Kentu...
Views: 2
Reversing. This appeal is prosecuted from the judgment of the Jefferson Circuit Court, Common Pleas Branch, Third Division, adjudging: (a) that a paper executed by Mrs. Minnie Kiefer was not her will and certifying that fact to the Jefferson Circuit Court; (b) that two deeds executed by Mrs. Kiefer conveying certain real estate to her son, Henry Kiefer, and to her daughter, Mrs. Elizabeth *Page 32...
Views: 4
Affirming. In this action, filed by the appellee, H.L. Flowers, against the appellants, Pascal Booher and Ella Booher, it was alleged that the appellants conspired to, and did, set fire to and destroy a store building in which appellee operated a general store, the fire resulting in complete destruction of his stock of merchandise and fixtures. Verdict and judgment were for appellee in the sum of ...
Views: 2
Affirming. On this appeal the validity of Chapter 158 of the Acts of the General Assembly of 1940, now KRS 200.010 et seq., is questioned. If the act is held valid the validity of subsection (b) of Section 17, Part One of Chapter 1 of the Acts of 1942 is incidentally involved. Chapter 158 of the Acts of 1940 provides that aid shall be granted to any dependent child who meets certain requirements a...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 313 Affirming in part and reversing in part. Appellee, Frank Napier an infant, brought this action by his next friend, Lottie Garrett, to have a judgment declared void which was entered on April 4, 1928, in the case of R. F. Cox et al. v. R.O. Shehan, Adm'r o...
Views: 1
Affirming. The case is before us on second appeal, with cross appeal. We reversed because of error in rejecting certain evidence offered by defendants, and a technical error in one instruction. See283 Ky. 63, 138 S.W.2d 962. On the second trial plaintiff was awarded $4,750. Appellants contend that judgment should be reversed, because: (1) The court erroneously overruled motion for directed verdict...
Views: 3
Affirming in part and reversing in part. This is an appeal by Henry Hill from a judgment against him in favor of the appellee, Joe Hoover, for $673.45, plus interest and costs; and by his wife, Della Hill, from a judgment awarding appellee a lien on her *Page 550 property to secure the payment of 45/83, or $365.12, of the aforesaid judgment. The Chancellor further decreed that appellee's judgment...
Views: 0
Opinion of the Court by Affirming. The appellee, Sudie Carter, filed this action against her husband, Chas. C. Carter, in August, 1940, seeking a divorce on the ground of cruel and inhuman treatment. Appellant, by counterclaim, sought a divorce on the same ground. Appellant took proof first and appellee, after taking her proof, dismissed her action before final submission. The cause was then ...
Views: 0
Affirming. There have been two prior appeals of this case. See 266 Ky. 729, 99 S.W.2d 742, and 282 Ky. 282, 138 S.W.2d 480, reference to which will show that the judgment on the first trial was for $966, on the second, $1,030.14, both reversed. On the third trial judgment for $900 was rendered upon a verdict of the jury, and from which appeal is prosecuted on the ground that the verdict was not w...
Views: 2
Affirming. The appellee, Roy McGill, filed a claim for compensation with the Workmen's Compensation Board, claiming he was injured on January 9, 1941, while working as a coal loader in appellant's mine. As a result of stipulations, the only questions before the Board were whether notice was given, whether the claimant sustained a disability as the result of injury and, if so, the extent of disabil...
Views: 2
Affirming in part, and reversing in part. This appeal is from a judgment entered on a verdict for $8,860.71 in favor of appellee against appellant, an Illinois corporation, in an action to recover commissions on sales of appellant's product, a coffee brewer. A portion of the verdict, $621.62, was returned pursuant to direction of the court, while the balance was returned pursuant to an issue submi...
Views: 0
Affirming. The appellant, E.W. Martt, was the plaintiff below and the appellees, B.F. and Joe McBrayer were defendants. As Joe was only an employee of B.F. McBrayer and just a nominal party to this action, his name will be dropped and for convenience appellant will be referred to as plaintiff and appellee, B.F. McBrayer, as defendant. Claiming to be the owner and in possession of a certain tract o...
Views: 0
Opinion of the Court by Affirming. The sole question we are called upon to determine on this appeal is whether, with due regard to the rule that to establish an oral trust against the holder of the legal title, the evidence must be clear, convincing, and satisfactory, we should uphold the judgment of the chancellor, predicated upon the finding of a jury on an issue out of chancery, that the...
Views: 1
Affirming. On the evening of February 7, 1940, at about 5 o'clock P. M., Miss Mary Herndon drove her automobile from her office in the post office building in Frankfort toward her home in Georgetown. At 4:30 P. M. on the same evening Miss Frances Stark, whose home was in Louisville, received a money order telegram in Georgetown. At 10 minutes after 5 that evening the automobiles in which Miss Hern...
Views: 5
Affirming. On March 28, 1942, a local option election was held in Harlan county and, after certain procedure had been taken in the courts relative to the counting and certification of the votes, the election commissioners certified that 8,888 votes were cast against the adoption of local option and 8,244 votes were cast in favor of local option, or a majority of 644 votes against the proposal. Wit...
Views: 3
Reversing. The action calls for the construction of the will of Mary E. Goodloe who died a resident of Fayette county in February, 1920. The will was duly probated and reads: "I, Mary E. Goodloe of Fayette County, Kentucky, do hereby make, publish and declare this instrument of writing to be my last will and testament, hereby revoking all others by me heretofore made. "First: I direct my E...
Views: 2
Reversing in part, affirming in part. This is a suit by the grantors of an oil and gas lease of 116 acres in Estill County to recover rentals at the rate of $1 a day for delay in completing a well. The lessors are the appellees, Robert Osborne and his ten children, and the lessees are the appellants, James M. Durbin and James D. Crabtree. The lease, dated June 28, 1938, contains the following prov...
Views: 1
Reversing. On his second trial for murder appellant was convicted of voluntary manslaughter and sentenced to 18 years imprisonment. The first trial resulted in conviction of the same offense and sentence of 21 years imprisonment. That judgment was reversed by this court because we were of the opinion the defendant had not received a fair and impartial trial on account of misconduct of spectators i...
Views: 0
Affirming. This law suit resulted from an automobile accident which occurred shortly after noon December 1, 1940, on the Bardstown road in Buechel, just outside of Louisville, Kentucky. The appellant, Phil Hilsenrad, was driving his automobile north toward Louisville, and the appellee, Mrs. Antoinette Bowling, was driving her automobile south. Appellee made a left-hand turn in Buechel, intending t...
Views: 2
Affirming. The appeal questions the correctness of a judgment denying the appellant, Roy Key, compensation for improvements on leased property. Aletha Hays, the lessor, was the owner of three unimproved hillside lots in the town of Martin, valued at approximately $40 each. She had three married daughters, Narcissus Turnley, Della Owens and the appellant, Edna Key, and one son, Liberty. In 1929 she...
Views: 0
Affirming. The appellant, T.A. Delph, came into possession of a small tract of land in Laurel County under the following contract: "This contract made and entered into this the 27th day of February, 1937 between the Bank of Harlan, Kentucky and C.B. Cawood, of Harlan, Kentucky parties of the first part and Tom A. Delph of Day-hoit, Harlan County, Kentucky party of the second part, witnesseth: Th...
Views: 0
Affirming. The Highland Cemetery, the appellee herein, instituted this proceeding for its own benefit, and for the benefit of those similarly situated, to compel the appellant, the Board of Education of Kenton County, to meet outstanding bonds and interest of the Forest Hills Subdistrict No. 2 of the Kenton County School District. The prayer was that the bonds be met from the sinking fund designed...
Views: 0
Affirming. The case involves the construction of the will of Frank G. Foxworthy, which to our mind is so simple and clear as to admit of but one construction. The original will was executed in 1908 and a codicil added in 1933. They read: "I, Frank G. Foxworthy of Franklin in the County of Williamson and the State of Tennessee being of sound mind and memory and considering the uncertainty of th...
Views: 0
Reversing. The grand jury of Laurel county returned an indictment against Oscar Hood and Earl Hopkins charging them with the crime of stealing chickens of the value of more than $2. It developed during the trial that Earl Hopkins was only 16 years of age and had not been carried before the county court of Laurel county as a juvenile offender, and the indictment was dismissed as to him. Oscar Hood ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 353 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 354 Affirming on direct and reversing on cross-appeal. The principal question is the liability of an administrator...
Views: 3
Affirming. *Page 429 This action was filed by the fiscal court of Fayette County against the publisher of the newspaper having the largest circulation in the county and certain citizens as representatives of the Taxpayers' League, seeking a declaratory judgment as to the duty of the fiscal court with reference to the publication of a statement showing the financial condition of the county as requ...
Views: 1
Affirming. On April 15, 1940, appellee and her husband entered into a written contract with appellant, a building contractor, for the erection of a residence. On June 30, before the completion of the residence, "and while in the possession and control of" appellant, so the petition states, appellee went into the building for the purpose of making suggestions relative to some closets. She asserts t...
Views: 3
Reversing. The appellant, R.J. White, 21 years of age, was convicted of carnally knowing Dorothy Gullett, a girl *Page 418 fourteen and a half years of age, with her consent, and his punishment was fixed at confinement in the penitentiary for 7 years. To reverse the judgment he assigns four errors: 1. The instructions were erroneous; 2. incompetent evidence was introduced by the Commonwealth; 3. ...
Views: 1
Reversing. The chancellor sustained exceptions to the master commissioner's report of sale and ordered a re-sale of the property on the same terms as set out in the original judgment, and the purchaser at the decretal sale appeals. This is a second appeal, the former opinion being reported in 277 Ky. 20,125 S.W.2d 211. Upon the case being returned to the circuit court, the chancellor entered judgm...
Views: 0
Reversing. William Couch contested the nomination of A.M. Gross as the Republican candidate for Sheriff of Perry County at the August, 1941, primary election. Because the regular judge of the Perry Circuit Court was engaged in another county in his district, Honorable H. Clay Kaufman, of Lancaster, was designated as a special judge to try the contest. After a hearing and submission of the case, Ju...
Views: 5
Reversing. The Board of Supervisors of Somerset raised the tax assessment of J.H. Pinnell for 1941 from $78,425 to $103,575. He appealed to the Pulaski Quarterly Court (Sec. 2741i-1, Ky. Stats., KRS 92.530), and that court entered the following judgment: "This cause coming on to be heard, and the defendants appearing by counsel and stating that they desired to make no defense to the above styl...
Views: 1
Affirming. There is involved the construction of a deed to property on North Limestone Street, in Lexington, Kentucky. The granting clause names the purchaser, Mrs. Annie E. Shields, as sole grantee. There are two habendum clauses as follows: "To Have and to Hold the Same unto the said party of the second part for and during her natural life, and at her death to pass to her son, A.V. Combs, Se...
Views: 1
dissenting. I believe that KS, section 4843 was intended to govern only those cases where the possible lapse of a specific legacy was not foreseen by the testator. Where it is provided by the testator that a bequest shall lapse upon the happening of a certain contingency and the will contains a residuary clause, it seems to me that an intent is manifest that the proceeds shall pass to the resid...
Views: 0
Reversing. This is the second appeal of this case. See Cincinnati, N. O. T. P. Ry. Co. v. King's Adm'r, 284 Ky. 694,145 S.W.2d 1053. Tun King was run over and killed by one of the appellant's double header freight trains about 6:30 a. m., Sunday, July 18, 1937. He was lying on a straight stretch of track more than a half mile from the outskirts of Pine. Knot in a drunken condition at the time he m...
Views: 0
Reversing. *Page 528 The Department of Highways rebuilt highway 27 between Flat Rock and Wilburg, in McCreary county. In doing so, an are containing several curves, one railroad grade crossing, and one overhead pass was eliminated. The Cincinnati, New Orleans Texas Pacific Railroad Company operates the railroad lines over which the old highway crossed. In the order authorizing the new constructi...
Views: 0
Reversing. This action, filed by appellee, Esther Daniel, against appellant, Emily Coleman, to recover damages for personal injuries as the result of a pistol shot wound allegedly inflicted by appellant, resulted in verdict and judgment for $750 compensatory damages and $500 punitive damages. This appeal follows. Appellee's evidence was to the effect that appellant was engaged in driving chickens ...
Views: 1
Dismissing Appeal. Appellants, more than 100 in number (excepting the Freeman Factories), were employees of the Ames Corporation, prior to February 15, 1940, and engaged in manufacture of furniture. Appellees are the trustee in the Ames Corporation's bankruptcy proceeding, and Commonwealth of Kentucky, Daviess County and the City of Owensboro. In petition plaintiffs asserted that for labor perform...
Views: 0
Affirming. This action was instituted by James M. Hays, a stockholder of the Greasy Brush Coal Company, against that corporation and its three remaining stockholders for the appointment of a receiver, and to require the receiver to pay over to the appellee, Hays, $1,623.04, his proportion of the royalties directed to be paid by the corporation to its stockholders as dividends. Without reciting the...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 452 Reversing. The petitions of the appellees, Daniel G. Fries and Daniel Fries, prayed that deficiency assessments by the Department of Revenue for additional income taxes for the year 1936, be held void and that appropriate injunctions issue. The defendants...
Views: 1
Dismissing appeal. In March, 1935 appellant, Frank Morrison, filed this action pursuant to Section 499 of the Civil Code of Practice for the division of land and allotment of dower. It *Page 531 was alleged that he was the owner of a one-seventh undivided interest in a tract of forty acres; that Mary Bartlett, as widow of Joe Bartlett who died owning the land, was entitled to dower; that the othe...
Views: 1
Reversing. This appeal imposes upon us the unpleasant and delicate task of deciding a controversy which has arisen between the mother and paternal grandparents of Eva Noble, a sickly child now eleven years of age, as to who of them has the right to her care, custody and control. The factual background out of which this unhappy situation and controversy has arisen, as revealed by the record, is tha...
Views: 0
Reversing. This is another case where a resident of Stearns, in McCreary County, who was returning from Louisville *Page 462 by rail, had an alleged difficulty in getting from Danville to the point of his destination. In the cases of Cincinnati, N. O. T. P. Ry. Co. v. Jones, 285 Ky. 588, 148 S.W.2d 725, and Cincinnati, N. O. T. P. Ry. Co. v. Roberts, 285 Ky. 593,148 S.W.2d 728, the judgments in ...
Views: 0
Affirming. At the regular November, 1942 election, appellant, William Patton, and appellee, Henry McWhorter, were rival candidates for membership to the board of education, division 3 of Laurel county. According to the official tabulation conducted by the board of election commissioners appellee was declared to be elected by a majority of one vote. Appellant thereupon filed his petition requesting...
Views: 1
Affirming. Appellee, while rounding a curve, drove his automobile off the highway, and, as a result, Mrs. Envoid Moreland, eighty-six years of age, who was sitting in a chair nearby, was struck and killed. Whether she was eight or ten feet from the highway, as contended by appellant, or nearer, as stated by appellee, is immaterial, since the only questions presented on this appeal, from a judgment...
Views: 3
Affirming. Ernest Trent, 25 years of age, was convicted in the Breathitt Circuit Court of the wilful murder of Hiram Smith and his punishment was fixed at death. His motion for a new trial assigns twelve errors, but in his brief only five grounds are argued: 1. The verdict is flagrantly against the evidence; 2. the court erred in summoning a jury from Fayette County and in appointing Sewell B. Wil...
Views: 3
Reversing. This appeal, granted by the circuit court, was filed as an appearance case for our Winter Term, commencing January 5, 1942, and appeared on the docket for orders on that day. So appellees' brief was due to be filed December 27, 1941. Rule V, Paragraph 4. The clerk reminded counsel, by mail, on June 10th and again on August 21, 1942, that the case had been submitted and no brief had been...
Views: 1
Affirming. On the evening of March 15, 1940, Edwin O'Hara Fagan, seventeen years of age, departed from his home in Lexington on a bicycle to visit a girl classmate a few miles distant on the Bryant Station Pike. He obtained a pistol at the home of a friend en route. While at the house of his classmate he made the statement that he had brought the pistol along for protection. At all times that even...
Views: 0
Affirming. Biram Caudill shot and killed Green Stacy, at Duane, Perry County, on May 11, 1940. He appeals from the judgment convicting him of manslaughter, with two years' imprisonment, upon the ground that as the evidence is as consistent with innocence as with guilt, the court should have directed a verdict of acquittal. The stated rule is usually applied to cases where there is only circumstant...
Views: 0
Affirming. After midnight of October 8, 1938, W.E. Bourne was a guest in an automobile belonging to Mrs. Almeeda Hollis and being driven by her brother, Dewey Lewis. They were going south on the Preston Street Road in Jefferson County. John Calvert was driving his automobile north. The two cars collided and Bourne suffered such injuries as necessitated the amputation of his leg. Mrs. Hollis was al...
Views: 0
Affirming. On April 16, 1941, Cleo Gorin brought an action for divorce in the Jefferson circuit court against her husband, Paul T. Gorin. She asked for the custody of her two infant children and for an allowance of $18 a week during the pendency of the action, and for a like sum at the termination thereof as permanent alimony and maintenance. Summons was served on the defendant April 21, 1941. A r...
Views: 0
Affirming. Appellant, Tennis Hamilton, was convicted of the crime of manslaughter upon an indictment charging him with the murder of his stepfather, Sanford Williamson. He was sentenced to confinement in the state reformatory for a period of 15 years. He has assigned three grounds for reversal of the judgment, viz: (1) that the court erred in not sustaining his motion for a new trial *Page 309 up...
Views: 0
Affirming. At the trial of appellant, Bill Horn, in the Estill circuit court on an indictment charging him with murdering his nephew, Orville Horn – who was sixteen years of age – he was found guilty by the jury of voluntary manslaughter and punished by confinement in the penitentiary for two years. His motion for a new trial was overruled, and from the verdict and judgment pronounced thereon he p...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. *Page 855 ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Motion for appeal denied and judgment affirmed. *Page 854 ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Affirming in part and reversing in part. On February 14, 1942, a niece of appellant filed in the Pendleton circuit court a petition in which it was stated that appellant was a person of old age, physically unable to attend to her business affairs. Summons was executed by delivering a copy to "Anna Makemson and James Makemson," on February 17, directing parties to appear in the circuit court at 10 ...
Views: 0
Affirming. This is an appeal from a judgment permanently enjoining the enforcement of executions which were issued under two judgments in favor of the appellant, Patrick Risner, against the appellee, Green Risner. The other appellant, E.K. Rose, sheriff, levied upon the property of Green Risner. Risner's judgments exceeded $800, plus several years' interest. He employed B.S. Wilson, an attorney, t...
Views: 0
Reversing. W.L. Northcutt died testate, a resident of Harrison county, in 1897, leaving surviving him as his only heirs at law a married daughter, Mary L. Montgomery, and four sons, W.H. Northcutt, John K. Northcutt, W.L. Northcutt and J.F. Northcutt. His will was executed on February 8, 1892, five years before his death, with a codicil executed August 7, 1897, the year of his death, none of which...
Views: 1
Reversing. On July 7, 1941, the police judge of the city of Russell in Greenup County, issued a warrant for the arrest and trial of the appellee, Sam Morris, who was trading and doing business under the trade name of Morris Beer Distributing Company, under proper state permits as a beer distributor, with his plant and place of business located in the city of Ashland, Boyd County, Kentucky. The war...
Views: 0
Affirming. Appellees' version of the facts out of which this litigation arose is as follows: On December 10, 1926, the appellant, W.M. (William) Triplett, desiring to sell his farm containing approximately *Page 571 five hundred acres, conveyed the same to the appellee, John L. Triplett, for a recited consideration of $12,000 cash, of which only $6,000, and that some months later, was paid. The g...
Views: 2
Opinion of the Court by Reversing. In this law suit the title to about 20 acres of land is in dispute. Reed Davis and Tom Johnson own adjoining tracts of land in Livingston county, and Davis brought this action to establish the boundary line between the tract owned by him and the tract owned by Johnson, and to quiet his title. In his answer Johnson asked that his title be quieted. ...
Views: 0
Reversing. C.J. Taylor, Jr., a school child 15 years of age, suing by his next friend, C.J. Taylor, Sr., brought an action against the Knox County Board of Education to recover damages for personal injuries allegedly caused by the negligence of the driver of a school bus owned and operated by the defendant. In an amended petition it was alleged that the defendant carried liability insurance with t...
Views: 4
Affirming. These appeals are prosecuted by William Elliott from a judgment of the Whitley Circuit Court denying him a writ of coram nobis, and from a judgment of the Lyon Circuit Court refusing to grant him a writ of habeas corpus. By agreement the two appeals were heard together and both will be disposed of in this opinion. Appellant and petitioner below, Elliott, was convicted *Page 616 of murd...
Views: 5
Reversing. Estill County acting through its County Attorney, Hon. John W. Walker, brought this action to enjoin the fiscal court, the county court clerk and the county treasurer from issuing and paying a county voucher for $1,400 to the State Board of Health of Kentucky to maintain a health department in the county for the current fiscal year. By way of answer and cross-petition the fiscal court d...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 599 Affirming. The primary question involved in this litigation is whether the City of Cincinnati is liable to the Commonwealth *Page 600 of Kentucky for income taxes on the rent which it receives from its co-appellant Railway Company for the latter's use of...
Views: 4
Opinion of the Court by Affirming. Alleging that he operates motortrucks for hire exclusively within the limits of the town of West Point, Kentucky, and through that town to Port Knox, a distance of 8.8 miles, and that accordingly he was entitled to the exemption granted by KRS 281.020 (KS, sec. 2739j-94) from the mileage tax imposed by KRS 281.480 (KS, sec. 2739j-78), appellant instituted th...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 742 Reversing. The question before us is whether the evidence to establish delivery of a passbook was sufficient to take the case to the jury on the issue of a gift of a savings account of $1,012.66. The trial court held it was not and directed a verdict agai...
Views: 0
Affirming in part and reversing in part. This record is a veritable labyrinth of pleadings, affidavits and orders, and the discursive briefs on both sides contain so much extraneous and irrelevant matter that it has been extremely difficult to spot and "keep an eye on the squirrel." The final judgments appealed are: (1) The imposition of a fine of $25.00 upon each of two appellants for contempt of...
Views: 3
Reversing. On September 26, 1900, the widow, two sons and two daughters of U.D. Cleavinger conveyed to M.L. Hughes, the husband of one of the daughters, a farm in Logan County containing 75 3/4 acres. Since the crucial question in this litigation is the effectiveness of the purported conveyance to vest in the grantee the undivided one-fourth interest theretofore owned by his wife, we shall set for...
Views: 2
Reversing. This is an appeal from a judgment in the amount of $500 against the State Farm Mutual Automobile Insurance Company in favor of H.A. Kegley and E.R. McGuire. The policy was issued on a 1935 International one and one-half ton truck for a period beginning the 4th day of April, 1940, and ending the 4th day of October of that year. The amount of the coverage was $750. The truck was practical...
Views: 0
Affirming in part and reversing in part. The parties to this appeal were married in May, 1927, and separated in February, 1938. Mrs. Barnett was a widow without children, about 34 years of age, and Mr. Barnett was a widower about 45 years old with three children, 8, 14 and 16 years old. The wife sued for divorce upon the ground of cruel treatment. The defendant, husband, counterclaimed upon that g...
Views: 2
Affirming. This action has roamed – since its launching – through all the courts possessing original jurisdiction of the questions involved, including the Clark circuit court wherein it was filed; three trips to this court (including the instant one) and also through the Federal District Court for the Eastern District of Kentucky. It was originally filed by George Pieper against the instant appell...
Views: 0
Affirming. This appeal brings into question the correctness of the lower court's action in sustaining a demurrer and dismissing appellant's petition which sought a recovery of liquidated damages on account of appellee's alleged breach of two written contracts for the sale and purchase of flour. The petition appropriately alleged the execution of the two contracts in the month of February, 1939. Th...
Views: 0
Affirming. Appellee, W.M. McKinney, owns a tract of land north of, and adjacent to, route 60 in McCracken county between Paducah and Hinkleville. His land is practically level and is extremely fertile. For 40 years prior to the acts complained of, the land to the south of the highway *Page 2 drained into a natural ditch several feet deep, lying on the south side of the highway, which ditch had it...
Views: 2
Appeal denied; judgment affirmed. ...
Views: 3
Judgment for $250 on insurance policy covering accidental death. Motion for appeal denied and judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. *Page 856 ...
Views: 0
Affirming. On November 3, 1941, appellant and Mary Robinson were charged in a true bill with the murder of Paul Ketron; on separate trial he was found guilty, the jury inflicting the death penalty. Judgment was entered accordingly; motion for a new trial overruled; two grounds are urged for a reversal: First, the court erred in refusing to empanel a jury to inquire into the state of mind of appell...
Views: 4
Affirming. The appellant and petitioner below, Otis Peter Smith, and one John Wesley Williams were indicted in the Jefferson circuit court charged with the murder of Edward Hite. At his separate trial appellant was found guilty with punishment fixed by the jury at death by electrocution. He appealed to this court, resulting in an affirmance of the judgment, the case being reported in 288 Ky. 831, ...
Views: 4
Reversing. Dr. Harold F. Miller and Mentz Johns entered into the following contract on January 4, 1937: "Entered into this 4 day of Jan. 1937 between Mentz Johns, 454 Seneca Street, Louisville, Kentucky, spoken of as party of the first part and Dr. Harold F. Miller, 4426 Park Blvd., Louisville, Kentucky, spoken of as party of the second part. "Be it agreed at here and now that the party of...
Views: 1
Reversing. Marcus Moore died intestate on November 7, 1938; and on February 4, 1939, the administrator of his estate, together with his heirs at law, including several infants acting through their statutory guardian, filed an ex parte petition in the circuit court alleging that the decedent "left personal property more than sufficient to pay all his debts and funeral expenses," and two indivisible...
Views: 0
Reversing. The appellant was convicted of murdering Bill Wilson and sentenced to life imprisonment. The defense was that he shot Wilson under the justifiable belief that it was necessary to do so in order to save his own life. The evidence was such that reasonable men might differ as to whether the homicide was justifiable or felonious. On the reading of the verdict appellant's counsel demanded th...
Views: 1
Affirming. This appeal is from a judgment entered on a verdict for the appellees, J.B. Smith and J.P. Smith, in an action against them by appellant for damages for the wrongful death of the decedent, Tilford Petty, who was burned to death in a fire which destroyed appellees' hotel in Albany, Kentucky. It is contended that error was committed in failing to sustain appellant's motion for a directed ...
Views: 0
Reversing. The question involved on this appeal is whether or not the cost of improving Hite Avenue in the City of Louisville was correctly assessed against the abutting property on the east thereof in conformity with Section 2833, Kentucky Statutes. The appellants, Hampton and Juanita Sullivan, own a lot fronting on Linden Lane which lies east of Hite Avenue and west of Bayly Avenue. It is the co...
Views: 0
Affirming. This appeal is from a judgment affirming the action of the Workmen's Compensation Board in awarding fifty percent permanent disability compensation to the appellee, Marion Ingels, for an injury found by the Board to have been sustained by him as a result of inhalation of gas. The only question presented is whether there was any substantial evidence that the inhalation of the gas lighted...
Views: 0
Affirming. The appellant, E.S. Morgan, brought this action against Ward Hightower's administrator for personal injuries caused by fright or shock when Hightower committed suicide on the premises and in the presence of *Page 59 Morgan and his wife. Also, he sought to recover for damages done the reputation of his property by reason of the notoriety it received as being the place where the suicide ...
Views: 7
Affirming. This case is a sequel of Board of Education of Louisville v. City of Louisville, 288 Ky. 656, 157 S.W.2d 337, construing the Teachers' Retirement Act of 1938, Acts 1938, 1st Ex. Sess., c. 1, as amended in 1940, Acts 1940, c. 192, Section 4506b-1 et seq., Statutes Supplements 1939, 1941, and its effect on the rights of teachers retired under provisions of Chapter 129 of the Acts of 1912,...
Views: 0
Affirming. Henry Bradley, doing business under the firm name of Bradley Bros., was a dealer in flour, feed, and coal in Paducah, Kentucky, in January, 1937, when the transaction occurred out of which this litigation arose. In the summer of 1936 he entered into two contracts with the Wilson Flour Mills of Wilson, Kansas, for the purchase of a large quantity of flour to be delivered from time to tim...
Views: 0
Reversing. This case involves the correctness of the ruling of the trial court in granting a peremptory instruction in favor of the Louisville Water Company, defendant below, at the conclusion of the evidence offered by the appellant, Doris Mae Lutz. The appellant was 14 years of age when she was injured by falling into one of the Company's water meters on Taylor Boulevard, in Louisville, July 13,...
Views: 1
Reversing. Mattie Gwinn owned two lots in Russell, Kentucky. On May 5, 1934, she sold them to the appellants, William and Lillian Milligan, for $2,000. The Milligans paid $200 cash and executed the following note for the balance: "May 5, 1934. "$1800.00 "Each month after date we promise to pay to the order of Mattie Gwinn, Eighteen Hundred and 00/100 dollars, with interest at 6 per cent per an...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 111 Affirming in part and reversing in part. The case involves construction of Section 246 of the Constitution which declares: "No public officer, except the governor, shall receive more than five thousand dollars ($5,000.00 per annum as compensation for of...
Views: 0
Reversing. Mrs. Lutie D. Nickell appeals from a judgment for $2,000 against her in favor of Peggy Jean Stewart for personal injuries sustained by being run over by the appellant's automobile. The appellee, who was then a little over seven years of age, ran out between parked automobiles into the road through the city park, in Ashland, on a Sunday afternoon in August, 1939. According to the child, ...
Views: 0
Affirming in part and reversing in part. This appeal is from a judgment setting aside three deeds by which the appellant, Gertrude Williams, conveyed to her sister, the appellant, Sadie Williams, certain real estate and ordering it sold to satisfy a judgment against Gertrude amounting to approximately $1,800. The judgment was obtained by appellee in 1939 in *Page 103 an action filed in the year 1...
Views: 0
Affirming. The Kentucky Home Mutual Life Insurance Company issued a group insurance policy to the Transportation Benefit Association on June 9, 1936. The then members of the Association were issued insurance certificates subject to the terms of the group policy. That policy *Page 122 contains the following provision relating to the coverage of new members of the Association: "Upon approval of...
Views: 1
Reversing. Robert Ott Fore has been convicted of the crime of manslaughter and his punishment fixed at imprisonment for a term of 21 years. He shot and killed W.E. Dority on the night of September 19, 1941. Appellant and Dority lived in Knox county near the corporate limits of the city of Corbin and were neighbors, but apparently were not acquainted. Dority had lived in the neighborhood only two w...
Views: 0
Affirming. The property involved in this action was at one time owned by the Society of Shakers who styled themselves "The United Society of Believers in Christ's Second Appearing." The situs of the property is at *Page 14 Shakertown in Mercer county, where that branch of the Society was organized about 1805. A rather comprehensive history of the Society and its original acquisition of the land i...
Views: 0
Reversing. J.T. Estes sued K.D. Gatliff, Jellico Coal Mining Company and Nancy Marie White for $9,700 damages for breach of contract, a lease. He was required to elect whether he would prosecute the suit against Gatliff or *Page 95 the other defendants. Electing to proceed against Gatliff, his petition was dismissed without prejudice against the other parties. A demurrer to the petition as agains...
Views: 2
Dismissing appeal. *Page 74 The appellant, town of Wallins, Harlan county, Kentucky, is a municipal corporation of the sixth class. In 1929, it contracted with the appellee, Luten Bridge Co., a non-resident corporation having its principal place of business at Knoxville, Tenn., for the construction of a bridge over Wallins Creek at a cost of about $4,000. Also it contracted with N.R. Denham for a...
Views: 0
Affirming. This case involves the question of whether or not the appellee, E.L. Cundiff, former sheriff of Casey County, deposited $745.73 in his tax account in the now defunct Commercial Bank at Liberty on October 26, 1939. Nine members of the jury found in favor of Cundiff; hence this appeal. Reversal is urged upon the grounds that (1) the court erred in overruling the bank liquidator's motion t...
Views: 0
Affirming. The appellant, M. Joseph Schmitt, an attorney and member of the Jefferson county bar, instituted an action for damages against Irvin Mann for libel. The petition alleged that the libel was contained in an affidavit executed by Mann and filed with his approval in a proceeding in the Jefferson circuit court to which he was not a party. On the trial of the case the court, at the conclusion...
Views: 4
Reversing. On June 24, 1939, the Premier Coal Company purchased from the Guyan Machinery Company, by a conditional sales contract, certain mine machinery and equipment to be delivered to it at its mine at Paramount, near Middlesboro, Kentucky. The purchase price of the machinery was $1,450, and of this sum the purchaser paid $250 in cash and for the balance executed six notes for $100 each dated J...
Views: 2
Affirming. This action was instituted by appellee, W.L. Johns, seeking to recover of appellant, Lawrence M. Spitzlberger, *Page 88 the sum of $1,000 for money loaned appellant by appellee and the additional sum of $4,000 for services rendered appellant in respect to the management and care of his property and business affairs while he was incarcerated in the federal penitentiary in Atlanta, Georg...
Views: 0
Affirming. *Page 91 On July 17, 1937, Syllus Floyd Harrell, an employee of the State Highway Commission, was run over lengthwise by a backing dump truck and his body mashed into the soft earth. At the hearing of his application for workmen's compensation, it was not denied that he suffered painful bruises and other injuries, but the evidence was conflicting as to whether there had been any bone f...
Views: 0
Overruling motion. As between the parties litigant this action was originally brought in the Jefferson circuit court by appellants against appellee. It was and is an equity action and was heard and tried by respondent, Hon. Churchill Humphrey, as Judge of the Chancery Branch, First Division, of that court. The action sought a prohibitive injunction against defendant, restraining her from continuin...
Views: 1
Affirming in part and reversing in part. On April 6, 1937, one of the appellants and a defendant below, E.J. Richards, executed and delivered to Joe H. Gibson a promissory note agreeing to pay the latter $555 sixty days thereafter, there being no consideration expressed in the written promise. Neither the note nor interest was paid following the due date, and on November 9, 1938, the payee filed t...
Views: 0
Affirming. This action was filed by Scott-Lees Collegiate Institute, corporate successor to Lees Collegiate Institute, against the administrator and heirs at law of E.C. Hyden to recover on four promissory notes of $200 each executed by Hyden to Lees Collegiate Institute and to subject certain real estate to the payment of the notes. Judgment was rendered for appellee on the pleadings, *Page 140 ...
Views: 1
Reversing. The Kentucky State Board of Dental Examiners filed this action against appellant to enjoin him from practicing dentistry in this state on the ground that he had obtained no license from the Board as required by Section 2636-3 of the Kentucky Statutes. Appellant, in bar of appellee's right to maintain the action, pleaded that in an action filed against him by appellee in the Whitley Circ...
Views: 1
Opinion op the Court by — Affirming in part and reversing in part. On December 15, 1919, the appellees, Wilford Parks and his wife, Ella Parks, acquired title by deed from R. 0. Hester and others to a rectangular tract containing 22 2/9 acres of land known and designated in the deed as Lot No. 3 in Section 14, Township 1, Range 7 West, in Pulton County. On October 9, 1923, Parks obtained from...
Views: 0
Affirming. On March 11, 1940, Selden H. Pelfrey was arrested by a policeman of Jackson, a city of the fourth class, and placed with another law violator in the city jail. Shortly after being locked in, a fire occurred in the building with the result that Pelfry lost his life. Appellant, his personal representative, instituted suit against the city for $25,000 damages to his estate, because of the ...
Views: 0
Affirming. The last session of the General Assembly enacted House Bill No. 93 providing that counties may acquire land for establishing airports within or without the limits of the county and erect such airports. Pursuant to this act Kenton County appropriated $50,000 of available funds for the acquisition of a portion of a large tract of land in Boone County, adjoining Kenton, and has caused a ho...
Views: 2
Affirming. William Pfiester was killed about 8:45 P. M., on Jan. 16, 1940, while riding a motorcycle under a viaduct at Fourth and H Streets in the City of Louisville. He was 24 years of age and was employed by S.P. Jones, who operated a drug store in Louisville under the business name of Jones Apothecary, his duties being to deliver packages to the customers of the store on a motorcycle which he ...
Views: 0
Reversing. Section 938g-1 et seq., Kentucky Statutes, provide for the establishment of water supply districts, for their operation under supervision of commissioners, and for the issuance of bonds for the purpose of carrying out the project, which purpose, as is evidenced by the Statutes, is to promote the public health, convenience and welfare and to provide fire protection by the furnishing of a...
Views: 0
Reversing. The appellant was the holder of licenses issued by the proper governmental authorities authorizing him to sell beer of not over 3 2/10% alcoholic content by weight in Precinct No. 5 of Corbin, Whitley County, Kentucky. The licenses had been issued following a precinct election on December 9, 1939, at which a majority of the voters had approved the sale of the beverage. On December 19, 1...
Views: 1
Affirming. The appellant, Frazier Ferguson, a colored man, on trial for the murder of Lillian Chenault, his paramour, was convicted of voluntary manslaughter and sentenced to twelve years in the penitentiary. Appellant and the deceased, who had lived together for several years, had recently separated and she had moved to a house near that occupied by him. On the night in question the two were toge...
Views: 0
Affirming. The appellant, Walker Fugate, and appellee, Emily Fugate, are husband and wife, and have one child, a daughter, fifteen months of age. On June 1, 1942, the appellee filed in the Perry circuit court a petition for a writ of habeas corpus. In her petition she alleged that the appellant abandoned her in March, 1942, and wrongfully and forcibly took from her without her consent her *Page 26...
Views: 0
Affirming. This action was instituted by appellee, the Chesapeake Ohio Railway Company, against the appellants, the heirs of James Case, seeking to have its title quieted to a boundary of land in Bath county consisting of a strip 3171.4 feet long and 100 feet deep together with an adjacent strip 871.2 feet long and 100 feet deep. The strip last described composed two acres of land and for conveni...
Views: 0
Reversing. In 1935 Curtis Gordon and H.H. Gordon (referred to in the record as Holly) together with their sister, Mrs. Harrison, acquired title at a judicial sale to a farm of 210 acres located in Spencer County. The two brothers each own an undivided three-eighths interest in the farm with the remaining two-eighths being in Mrs. Harrison. As this litigation relates to the division of a tobacco cr...
Views: 0
Affirming. By unanimously adopted resolutions of the Laurel County Board of Education, the appellee was appointed superintendent of the Laurel County schools for a term of four years beginning July 1, 1942. The first of the two resolutions to this effect was adopted at the regular meeting of the Board held on November 14, 1941, and was preceded by a resolution appointing appellee to the office nam...
Views: 0
Reversing. This appeal grows out of an automobile accident where two persons were killed and two were injured. The four cases were consolidated in the circuit court for the purpose of trial, likewise they have been heard together *Page 239 here. Verdicts were rendered for the same amount, $1,500, in favor of each plaintiff. To reverse the judgments entered thereon, appellant, Southern Oxygen Comp...
Views: 3
Affirming. D.W. Price died intestate a citizen and resident of Green County on January 26, 1941. He was then near 80 years of age and owned and resided upon a farm containing about 130 acres but which is not involved in this litigation. His first wife died in 1931 (the date not shown in the record). Of that marriage 9 children were born. The appellant, B.E. Price, the oldest of them was 57 years o...
Views: 1
Dismissing appeal. By this action appellees sought and recovered $150, the alleged value of trees unlawfully cut and removed from "a tract of land adjoining the lands of the defendants." The petition contained no other description of the land, and hence, as contended by appellants (defendants below), was fatally defective. Hackney et al. v. Dillan et al. 9 Ky. Op. 38; Gray v. Peay, Ky., 82 S.W. 10...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 186 Reversing in part and affirming in part. C.M. Barker, doing business as Citizens Milling Company, at Somerset, acquired $18,000 of scrip issued by the Stearns Coal Lumber Company. These tokens were redeemable only in merchandise equivalent in value to the...
Views: 2
Affirming. The appellant, Zach Justice, instituted this proceeding against Troy Staton and Willis Staton, in August, 1934. He asserted that he was the owner and in the *Page 180 actual possession of a tract of land in the city of Pikeville, lying on the Sandy River and bound as follows: "Beginning on a corner of T.S. Bales lot, (where Butler Bales now lives); thence with line of same down the b...
Views: 0
*259 Opinion op the Court by — Reversing. In January, 1942, Thomas H. William, individually and as guardian of his two children, John F. William and Harriet William, entered into a written contract with appellant, R. H. Winn, for the purchase and sale of a business building in Mount Sterling, asserting ownership in himself of one-half of the property and in his children and wards of the oth...
Views: 0
Affirming. In March, 1935, the appellee, the Merchants and Mechanics Loan and Building Association of Newport, Kentucky, filed suit against the appellants, Louis C. Sickmeier and wife, to recover $3,989.41 and interest, and to enforce a mortgage on certain real estate. It was alleged that the sum claimed was a balance due on a note *Page 183 executed to the plaintiff by Hannah O'Krent and David O...
Views: 1
Affirming. On October 20, 1937, Karl Feller and Emily Feller, his wife, loaned to S.L. Crook the sum of $5,000, and the latter executed and delivered to the former his promissory note in the same amount, due and payable one year after date, and delivered to the payees as collateral security for the payment of the note 200 shares of the capital stock of the S. L. Crook Corporation, and, in addition...
Views: 0
Affirming. Aaron Nichols, a boy 21 years of age, was charged with the crime of willfully murdering Mabel Turner, a girl some 10 years of age, by driving his automobile against her in a reckless and wanton manner. Upon his trial he was found guilty of voluntary manslaughter and his punishment fixed at 10 years in the Reformatory. He is urging that the judgment upon the verdict be reversed, because ...
Views: 2
Affirming. This action was instituted by appellee to recover $1,365 paid by it in 1940 and 1941 as license taxes upon registering with the McCracken County Court clerk motor passenger busses operated by it in the City of Paducah under a franchise granted by that municipality. In the case of Furste v. Dixie Traction Co., 286 Ky. 336, 150 S.W.2d 913, we held that similar busses, operated by the Dixi...
Views: 0
Affirming. *Page 201 This appeal is from a judgment for $14,598.56 in favor of the appellee, The Louisville Railway Company, against the Commissioner of Revenue and the Kentucky Tax Commission for certain license fees paid on buses operated by it exclusively within the City of Louisville pursuant to a franchise granted it by the city. The questions involved are in all respects identical with thos...
Views: 0
Affirming. Prior to July 1, 1941, Wolfe County had outstanding $37,000 road and bridge bonds, of an issue of $50,000, bearing 5% interest, theretofore authorized by a vote; the finances of the county were such that it could not meet payments of some maturing and matured bonds and accrued interest. It was then proposed by the county to refund these bonds, to bear interest at 4%. Prior to the passag...
Views: 0
Opinion op the Court by — Affirming. This is an appeal'from the Jefferson circuit court, chancery branch, second division, by the appellant, Rest-haven Memorial Cemetery, Inc., and a cross-appeal by W. Spencer Jennings, here appellee, from a judgment rendered by Chancellor Burnette incident to a suit insti *202 tuted for a declaration of rights pursuant to Section 639a — 1 et seq., Kentucky...
Views: 1
Opinion of the Court by — Affirming. On the night of Sunday, April 13, 1941, between 8 and 9 o’clock, the appellant and defendant below, Jess Sanders — who was about 47 years of age — shot and killed his divorced wife, Katie Sanders, at a restaurant and beer joint operated under the name of “Post Inn” and located at 1941 West Jefferson Street in the city of Louisville. On the 25th day of same...
Views: 0
Affirming. The appellee, Dr. Dan M. Griffith, owns a two-story brick building in Owensboro. The lower floor is used for office purposes and the upper story is used for residential purposes. The first floor of the building was erected in 1889 and the second floor a few years thereafter. When the second floor was erected the electric light meter was placed in the bathroom some five feet above the fl...
Views: 0
Affirming. The appellee and defendant below, Kentucky Development Company, owned a group of some fifteen buildings containing several hundred apartments located at Franklin and Fenley Avenues in Louisville, known as Green Tree Manor Apartments. The buildings are designated by letters and the apartments are numbered, thus D-10 indicates a person's address is apartment 10 in building D. The building...
Views: 3
Reversing. This is an appeal from a judgment dismissing plaintiff's petition after demurrers to certain paragraphs of the defendant's amended and substituted answer had been overruled and plaintiff had declined to plead further. The plaintiff, American Tobacco Company, alleged in its petition that the defendant, A.M. Whitney, who trades and does business under the name of Whitney Transfer Company,...
Views: 1
Reversed with directions. The appellant, Lawrence Robert St. John, a Captain in the United States Army, filed this action in the Jefferson Circuit Court seeking a divorce from the appellee, Barbara St. John, on the ground of abandonment. The appellee entered her appearance to the action but did not contest it. Proof was taken and the chancellor was of the opinion that the evidence sufficiently est...
Views: 0
Affirming in part and reversing in part. In the year, 1925, the Louisville Nashville Railroad Company entered into a contract with the Prudential Insurance Company of America, whereby it was issued policy No. G-1788 insuring the employees of the railroad for death and permanent and total disability. The master policy was retained by the railroad company and certificates were issued to the employe...
Views: 1
Opinion op the Court by — Affirming. At the August, 1941, term of the Grayson circuit court the grand jury returned an indictment against the appellant charging him with the offense of maliciously shooting and wounding W. A. Smith, sheriff of Grayson county, with intent to kill said Smith. Upon a trial of the case the jury found appellant guilty as charged.in the indictment and fixed his pena...
Views: 1
Reversing. G.W. Hardin died a citizen and resident of Bath county, Kentucky, the fee simple owner and in possession of a 51-acre farm and certain personal effects, which he willed to his three daughters and the three children of his predeceased son, Presley Hardin. His will, which was thereupon duly probated and put to record, is in these words: "I, G.W. Hardin, being of sound mind and feeble ...
Views: 0
Affirming. William Donald Hill, an 11 year old boy, accompanied by his mother, while on his way to a ball game in Louisville about 7:30 P. M., on July 9, 1940, was struck in the face by a baseball which came over the fence from appellant's ball park as he was crossing a public street, Eastern Parkway. The ball cut the cheek under his left eye, also broke his nose, and in a suit brought in the name...
Views: 4
Reversing. The question confronting us on this appeal is what duty the operator of a motor vehicle owes to an intoxicated person on the running board. The action was filed by the appellant to recover damages for the wrongful death of his decedent, Shelton Prather, who was killed when he fell from the running board of appellee's truck while in an intoxicated condition. At the conclusion of all the ...
Views: 2
Reversing. In this action filed by the appellant to recover damages for the wrongful death of his decedent, Paul Deaton, who was killed by coming in contact with one of appellee's power lines while climbing on a tower supporting the line, the trial court directed a verdict for the appellee at the conclusion of appellant's evidence. From the judgment entered on that verdict this appeal is prosecute...
Views: 1
Affirming. This appeal is from a judgment sustaining a demurrer and dismissing the petition in an action filed by the appellants, Elizabeth Flynn and her husband, John Flynn, and Eunice Barker, their grantee, against the appellees, Opal Flynn Fike and Ashland Oil and Transportation Company, to quiet title to the oil, gas and mineral rights in and to a certain tract of land. The latter appellee is ...
Views: 1
Affirming. The first of appellant's petitions, which were dismissed in the judgment appealed from, alleged the Clintwood Bank, Incorporated, of Virginia, obtained judgment against appellee in the Dickenson Circuit Court of the state of Virginia in the sum of $1,000, which judgment was assigned to the Cumberland Bank Trust Company, of Virginia, as receiver for the Dickenson County Bank. It asked t...
Views: 0
Reversing. *Page 298 This is an appeal from a judgment of the Circuit Court reversing an order of the Workmen's Compensation Board awarding the infant claimant maximum compensation as a total dependent of her father, Roma Cox, who was accidentally killed while in appellee's employ. No question other than whether the claimant was totally dependent upon her father was involved or decided. Since cla...
Views: 0
Affirming. The Bank of Campbellsville closed its doors June 5, 1939, and its assets were turned over to the State Banking Securities Commissioner who designated W.W. Webster, Special Deputy Director, to liquidate the bank. On October 16, 1941, after six dividends, totaling 60%, had been paid, the Special Deputy Director notified creditors of the bank that a seventh dividend of 7% would be paid Oc...
Views: 0
Opinion by — Confirming report and suspending respondent. The Trial Committee of the Kentucky State Bar Association found Jackson Morris, a member of the Jef *323 ferson County Bar, guilty of unprofessional conduct and recommended, in 1940, that he he suspended from the practice of law for a period of six months, and also that he make full restitution of the money taken from the complainant...
Views: 2
Affirming. This is an appeal from a judgment of the Clay circuit court finding Lucian Allen and John E. Parker guilty of contempt and assessing a fine of $30 against each of them. We are met at the outset by a motion to dismiss the appeal, which has been passed to the merits. The motion is based on the theory that this court is without jurisdiction, since Section 347 of the Criminal Code of Practi...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 310 Reversing. Appellant instituted this action on August 19, 1940, seeking damages against appellees, Cephus Chaney, Ben Baird, Robert Wade, members of the board of education of Simpson county, and Herbert Foster, superintendent of its schools. The basis of ...
Views: 4
Reversing. *Page 327 In the year 1937, the Kentucky and West Virginia Power Company commenced drilling a well about 3 1/2 feet from a three-story building which it used for its main offices in Hazard, Kentucky. A pocket of gas was encountered about 50 feet below the surface. After completion, the well was used to supply water to air conditioning equipment located in the basement of the building. ...
Views: 3
Affirming. This suit began as an action by Matilda Wallace and her husband against T.M. Mounts for trespass upon described land and the cutting and removal of timber of the value of $500, for which judgment was asked. Questions of title becoming involved, the case was transferred to equity. Judgment was rendered for the defendant and plaintiffs appeal. The parties are cousins. Their grandfather, M...
Views: 0
Affirming. On April 17, 1941, the appellee and plaintiff below (a Tennessee corporation) filed this action in the Franklin circuit court against H. Clyde Reeves, Commissioner of the Department of Revenue for the Commonwealth, and the Auditor of Public Accounts, seeking to enjoin the collection of ad valorem taxes on a franchise valuation for the years 1935, 1936, 1937 and 1938, which the Departmen...
Views: 1
Affirming. Albert Richardson brought an action against the Louisville Nashville Railroad Company to recover damages in the amount of $26,587.45 for personal injuries, *Page 358 medical bills, and damages to his truck which he alleged resulted from a collision between the truck and one of defendant's trains on a public crossing on September 28, 1938. The case was tried April 24, 1940, and the jur...
Views: 0
Reversing. Alex Cook instituted this proceeding against Clint Whittle and the owners of an oil and gas lease on a small tract of land to which he asserted ownership. He asked that he be made a party to a proceeding instituted by Whittle against the owners of the lease in order that he might assert his ownership therein and he asked also that the lease be cancelled. Cook alleged, among other things...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 543 Affirming. The appellants, Short Way Lines, Inc., and James Henson, have appealed from a judgment of $2,000 rendered against them in the Wayne circuit court in favor of the estate of Virgil Sutton, deceased, who was struck and killed by a motor bus owned ...
Views: 1
Affirming. The appeal is from a judgment on a directed verdict for contestees on the trial of a contest of the will of the late Mrs. Anne Stansbury. The contestants are a half sister and nieces and nephews, children of a full brother who died after testatrix. The testatrix had been a widow for a number of years when she married Squire Hubert Stansbury in November, 1939. She was 64 and he 57 years ...
Views: 0
Reversing. In February of this year, the City of Newport passed a milk control and regulation ordinance, generally referred to as the "Grade A" Milk Ordinance. The appellees, milk distributors in the City, instituted this proceeding early in March to test the validity of certain sections of the Ordinance and to enjoin the City from enforcing it. The trial court filed an "Opinion and Judgment Order...
Views: 0
Reversing. On July 22, 1941, appellees, one hundred sixty nine in number, constituting more than two-thirds of the voters living within the boundary hereinafter described, filed their petition in the Rockcastle circuit court requesting the court to enter an order establishing and incorporating the boundary as a city of the sixth class of this Commonwealth. The boundary is described as follows: "...
Views: 0
Affirming. The appellant, J.L. Cool, became the owner of a tract of land on Elswick Fork of Lick Creek in Pike County on the 4th of June, 1918. On the 15th day of the same month he conveyed a small part of this tract (some 20 acres) to Dasha Senters, retaining the merchantable timber thereon through the following reservation in the deed: "The said J.L. Cool retains all the merchantable timber on...
Views: 0
Affirming. The case is for breach of a contract for the growing of tobacco on shares. The judgment is for $500 in favor of the tenants on their counterclaim. The ground upon which a reversal is sought is that the verdict is flagrantly against the evidence, manifested by the fact that the jury ignored the admissions of the defendants that they owed the plaintiff a substantial sum. The original cont...
Views: 2
Affirming. This appeal involves the question of whether or not appellees are entitled to a passway by prescription over the land of appellants. The basic facts are these: Clinton Dixon, father of appellees, purchased a farm in Bracken County, Kentucky, in 1867 and lived on it until 1887, when he purchased another farm and moved to it in the same year. Richard T. Gosney owned a farm between the two...
Views: 2
Overruling motion. The petition herein avers that on July 27, 1937, appellee and defendant below, W.J. Harrington, purchased from the W.H. Meek Refrigerator Sales a refrigerator for which he agreed to pay $259.40. Part of the purchase price was paid at the time and the balance was agreed to be paid in monthly installments until the whole indebtedness was satisfied. Pursuant thereto some payments w...
Views: 1
Reversing. This case involves the question of the custody of an infant girl who was not quite two and one-half years of age at the time of the institution of this habeas corpus proceeding in June, 1941. This represents the third unsuccessful attempt on the part of Thomas Turner to obtain the custody of his daughter through habeas corpus proceedings. We are impressed with the fair manner in which t...
Views: 2
Reversing. By the terms of a policy of insurance, appellant, the Prudential Insurance Company of America, agreed to pay appellee, Elbert J. Asbury, the sum of $50 per month should he become and remain permanently and totally disabled. The policy was in full force and effect at all times herein mentioned. Appellee claims that he became so disabled November 1, 1937, and continuously since has remain...
Views: 1
Affirming. Appellant and plaintiff below, Jake Turner, sought by this action – filed in the Knox circuit court – to recover *Page 432 of defendants a judgment for $314 as damages to his automobile in a collision with a truck belonging to defendants. It occurred on a state highway in Laurel County, Kentucky. All of the defendants reside in Greenville, South Carolina, and they were attempted to be ...
Views: 0
Reversing. G.W. Robertson died testate November, 1937, a citizen and resident of Calloway County, Kentucky. The will was lodged for probate by appellees in the office of the Clerk of the Calloway County Court in December, 1937, and ordered by the court to lie over for proof. At the January, 1938, term of the county court it was ordered that "the case be left open." At the March term of the court t...
Views: 2
Affirming. *Page 448 This appeal is from a judgment declaring appellees, E.M. Vanover and Milda Witt, to be the owners of an undivided one-fourth interest in 300 acres of land of which the appellant, Fordson Coal Company, claims entire ownership and decreeing partition of the land. The land in controversy was originally owned by Davis Wooten and by inheritance became vested in his two sons and tw...
Views: 3
Affirming. J.M. Mathews, a resident of the city of Richmond, fell on a concrete sidewalk in the city on March 25, 1940, and thereafter brought this action against the city to recover damages for injuries he received. He alleged in his petition that the city failed and neglected to keep the sidewalk in a safe condition; that there was a large hole in the sidewalk, and that he stepped into it and fe...
Views: 0
Reversing. Appellee sued appellant on a note allegedly executed by appellant's decedent and reading as follows: "One Day after date I promise to pay to Geo. W. Tidwell $500.00 five hundred dollars at 6% interest until paid. For value received of him for cash loaned to me this Jan. 27 – 1937. "W.C. O'Bryan." The note was written by appellee with a fountain pen on the back of an envelope and...
Views: 2
Affirming. The appellants were jointly indicted, convicted, and fined for violating Chapter 60 of the Acts of the 1940 General Assembly, Kentucky Statute, Sec. 1267a-1 which is as follows: "No person shall display, handle or use any kind of snake or reptile in connection with any religious service or gathering. "(a) Any person violating the provisions of this Act shall be guilty of a misde...
Views: 4
Affirming. Section 1960 of Baldwin's 1936 Revision of Carroll's *Page 555 Kentucky Statutes, makes it unlawful for anyone with or without compensation to set up, carry on, keep, manage, operate or conduct, or assist therein "a keno bank, faro bank or other machine or contrivance used in betting whereby money or other thing may be won or lost," etc. Section 1967 of the same Statutes prescribes tha...
Views: 4
Appeal denied; judgment affirmed. ...
Views: 0
Motion for appeal denied; judgment affirmed. *Page 857 ...
Views: 0
Affirming. The appellant, Jim Hicks, has been convicted of the crime of willful murder, and his punishment fixed at life imprisonment. Three grounds are relied upon for reversal of the judgment: (1) The verdict is excessive and not sustained by the evidence; (2) incompetent evidence was admitted over appellant's objection; and (3) the instruction on willful murder was not authorized by the evidenc...
Views: 0
Affirming. Bertha Childers and her husband, A.W. Childers, now deceased, brought this action under Subsection 7, Section 518 of the Civil Code of Practice, to have set aside a judgment in favor of the appellee, N.J. Potter, wherein they, along with other defendants, were held liable as sureties on a $2,500 note. The allegations as to Mrs. Childers' casualty and misfortune were that she was ill dur...
Views: 0
Dismissing appeal. On September 22, 1939, Mrs. Mildred P. Martin, as guardian for her two daughters, Mildred and Kathryn, entered into a written contract with Mrs. Margaret M. Davis whereby it was agreed that the two infants would execute a deed conveying to Mrs. Davis a certain tract of land in Woodford County in consideration of the latter conveying to the infants jointly another tract of land i...
Views: 0
Reversing. The defense of the Bible as better than a patent medicine vendor's sales book was the initial cause of this homicide for which the appellant has been sentenced to five years' imprisonment. The deceased, John H. Dale, had been conducting a show for about a week in connection with the sale of his medicines on the school grounds of Tollesboro in August, 1940. The appellant, John Toncray, w...
Views: 2
Motion overruled and judgments affirmed. These two cases grow out of the same automobile accident wherein the plaintiffs, Mrs. Susie Harmon and Mrs. Lena Goodwin, the mother-in-law and aunt by marriage, respectively, of the defendant, Eugene T. Murphy, suffered severe personal injuries when defendant's car in which they were riding as his guests overturned. The pleadings are practically identical ...
Views: 1
Affirming in first case and dismissing in second. The two cases presenting different questions involving the same parties were consolidated in the court below for the purpose of preparation. The one first styled was an equitable action; the other an ordinary action with the issue submitted to a jury. In each case appellants, who were plaintiffs below, were unsuccessful. At this point we delineate ...
Views: 1
Affirming. The appellant has appealed from a judgment of the Russell Circuit Court sentencing him to ten years in the penitentiary upon a jury verdict finding him guilty of the crime of manslaughter under an indictment charging him with the murder of Elzie York, whom he, appellant, shot and killed near the voting place on the day of the primary election in August, 1941. A reversal of the judgment ...
Views: 1
Affirming. Having been jointly indicted with three others, the appellant, Bill Gum, was separately tried and convicted *Page 452 of the crime of robbery and sentenced to serve two years in the state reformatory. The first ground relied on for reversal is that the court erred in overruling appellant's motion for a continuance, and, if wrong in that contention, he was entitled to have the absent wi...
Views: 0
Reversing. The appellant, Richard Mason, was sentenced to the penitentiary for five years following his conviction for voluntary manslaughter upon trial for the murder of *Page 539 Bob Adams and appeals from the judgment. The sole ground urged for reversal is that the verdict was flagrantly against the evidence in that all the evidence established conclusively that the killing was done in self-de...
Views: 0
Reversing. Elmer McIntosh and Fred Combs were indicted for robbery in Breathitt County. They were found guilty on their joint trial and both were sentenced to two years in the penitentiary. McIntosh is insisting that the judgment be reversed because the trial court erred in failing to give an instruction covering his theory of the case to the effect that he took parts of a shotgun to keep the pros...
Views: 0
Reversing. In 1928 appellee owned certain real estate located on Bardstown Road, Louisville, Kentucky, consisting of a storeroom and basement. At that time the appellant was engaged in the real estate brokerage business. H.C. Raymond was an employee or agent of appellant and was engaged by appellee to obtain a tenant for appellee's storeroom. As a result of Raymond's efforts the Kroger Grocery and...
Views: 1
Dismissing in part and affirming in part. This is the third appearance of this case before us on appeal. The opinion on the first appeal may be found in 263 Ky. 519, 92 S.W.2d 813, and the second opinion is reported in277 Ky. 668, 126 S.W.2d 1059. However, this appeal involves matters arising subsequent to the filing of the mandate on the second appeal. Subsequent to the filing of that mandate an...
Views: 0
Affirming. For selling seven cases of sawdust for $280, upon the representation that the boxes contained cigarettes, the appellant, Virgil Frazier, has been sentenced to the penitentiary for two years upon conviction of the crime of obtaining money under false pretenses. Kentucky Revised Statutes, 434.050. He is dissatisfied with the judgment. The appellant, who formerly lived in Clay County and w...
Views: 3
Affirming. The appellant and defendant below, A.E. Gillenwater, was convicted in the Breckinridge circuit court of having committed the offense denounced in Section 1166 of Baldwin's 1936 Revision of Carroll's Kentucky Statutes, i. e., that he unlawfully, willfully, maliciously and feloniously struck and wounded Jessie Maurice Kincheloe, which was done with an iron poker, alleged in the indictment...
Views: 0
Affirming. Joe Smith and C.W. Sproul, claiming to be owners and in possession of a certain described tract of land in Knox county on Trace Branch and Hog Branch of Stinking Creek, brought suit in equity on Feb. 9, 1937, against C.B. Slusher to quiet their title. In May following they filed a separate suit against Brice Gray and Frank Warren for $375 damages for wrongfully cutting timber on this la...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 594 Affirming. In April, 1928, the Perry County State Bank and the Hazard Bank and Trust Company consolidated under the name of Perry Bank and Trust Company, and functioned as such until November 15, 1928, when taken over for liquidation by the then Banking C...
Views: 0
Affirming. The appellant, Dan Cannon, was convicted in the Jefferson circuit court, criminal division, of the offense denounced in subsection (3) of section 1155 of Baldwin's 1936 Revision of Carroll's Kentucky Statutes, and which consists of having sexual intercourse with a female (not his wife) between the ages of sixteen and eighteen. The appellant at the time of committing the act with which h...
Views: 2
Reversing. This is an appeal from a judgment awarding appellee $4,000 damages for injuries sustained in a collision between an automobile owned and driven by her husband and a truck owned and operated by appellant. The collision occurred about 6:30 o'clock on the morning of August 14, 1940, on a curve while the automobile was ascending a mountain known as "Gillian Hill" about seven miles east of C...
Views: 1
Reversing. The appellees recovered judgments in separately instituted actions tried together. By agreement, the appeals were prosecuted on a single transcript of the testimony, and are to be disposed of in one opinion. The verdicts were for damages sustained in a collision between an automobile, owned and driven by Wilson in which Mrs. Turnmeyer was a guest, and a truck operated by the Silverfleet...
Views: 0
Affirming. The appellants, L.R. Evans and J.H. Evans, here appeal from a judgment sustaining a general demurrer of defendants (here appellees) to their petition as insufficient in its statement of facts to constitute or support a cause of action and the court's further order dismissing the petition upon plaintiffs declining to amend. The sole question presented upon the appeal for our decision is ...
Views: 2
Affirming. Appellant has been convicted in the Warren Circuit Court of the crime of manslaughter under an indictment charging him with the murder of his brother, Robert Vontrees, and sentenced to the penitentiary for ten years. He has appealed, asking a reversal of the judgment upon the grounds that (1) the verdict of the jury is flagrantly against both the law and the evidence; (2) misconduct of ...
Views: 2
Opinion op the Court by — Affirming. The appellant, Dewey Mullins, and several others, went in a truck to the Elkhorn voting precinct in Pike County on November 4, 1941. On the return trip most of the parties, including some of the women, became intoxicated. A quarrel developed, in which appellant, his wife, and Lawrence Sims were involved, and which ended when the appellant shot and killed S...
Views: 0
Affirming. The appellee (plaintiff below) brought this action *Page 579 against appellant (defendant below) seeking a judgment of the court requiring defendant to make settlement with plaintiff accounting for certain sums of money received by defendant from the plaintiff and to further account for all the proceeds of certain farm products, livestock, etc., and perhaps other personal property. Pla...
Views: 0
Affirming. The case involves the custody of Willa Jean Perkins, an infant, four years of age. In granting him a divorce the chancellor awarded the father the custody of the child. The mother, Thelma Perkins, has appealed from that part of the judgment. Many witnesses were called to testify. To detail their evidence would serve no useful purpose and would unreasonably extend the opinion. The eviden...
Views: 0
Reversing. The grand jury of Estill county at the February, 1940, term of the Estill circuit court indicted the appellant, Garnie Walters, jointly with Sherman Cox for the murder of Anna Isaacs. Prior to the trial at the February, 1942, term of the Estill circuit court, at which appellant was convicted, Sherman Cox had been tried twice and appellant once. Each of these three trials resulted in a h...
Views: 7
Reversing. The Warfield Natural Gas Company, holding an oil and gas lease on approximately fifteen acres from both appellants and appellees, filed this declaratory judgment action to have determined to whom the rents and royalties should be paid. By appropriate pleadings ownership of the oil and gas rights was put in issue between appellants and appellees and it was adjudged that such ownership wa...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 633 Affirming. In the year 1904, Mrs. Sally S. Hall, the owner of twenty-three acres of land on the outskirts of Winchester, entered into a written contract with Thomas H. Robinson pursuant to which the latter was to handle, control and cultivate the land and...
Views: 0
Reversing. Bruce Holman and Otice Merle Ament were jointly indicted for the murder of Holman's divorced wife, Holman was convicted of voluntary manslaughter and sentenced to twenty-one years' imprisonment. The disposition of the charge against Ament is not disclosed. The principal ground for a reversal urged by the appellant is that he was entitled to a directed verdict of acquittal; and a summary...
Views: 4
Reversing. Appellant was convicted and sentenced to imprisonment for five years under an indictment charging him with carnal knowledge of one Ethelda Neace, a female less than 18 years of age (Ky. Stats., sec. 1155. Two witnesses, James Embry and wife, testified that the first of July, the wife fixing the day as Sunday, they were walking along a side road leading from Highway No. 71 in Butler Coun...
Views: 2
Affirming. Claiming to be the owners of four tracts of land upon which the appellee had entered and constructed a public highway without compensating them therefor, the appellants instituted this action against the appellee to recover $1,500 for the lands taken and $2,500, damage to the residue. The appellee demurred specially to the petition on the ground that the Construction Company that built ...
Views: 0
Reversing. Buel Stroud was charged with trafficking in alcoholic beverages in Calloway County, which is local option territory, in violation of the Alcoholic Beverage Act of 1938. Acts 1938, Chapter 2. He was found guilty under that charge, in both the quarterly court and the circuit court, and his punishment fixed at a fine of $200 and six months in jail. He has moved this Court for an appeal fro...
Views: 0
Dismissing Appeal. *Page 614 This is the second appeal of this case. Two suits were brought to quiet title to a tract of land containing 13.75 acres, ownership of which was asserted by three different parties. The cases were heard together in the circuit court and both were disposed of in one opinion here. In quieting the title of the Greasy Brush Coal Company to this land, the chancellor adjudge...
Views: 0
Reversing. The grand jury of Owsley County returned an indictment accusing Hubert Frost and appellant jointly of the offense of barn burning, and which is made a crime and punishable by Section 1168 of Baldwin's 1936 Revision of Carroll's Kentucky Statutes, the date of the commission of the offense being near midnight of May 16, 1942. Appellant, at his separate trial in June thereafter was convict...
Views: 4
Sustaining Demurrer. This is an original action filed in this court by petitioner, Albro H. Whitsitt, against respondent, Chester D. Adams, Judge of the Fayette circuit court, wherein petitioner seeks a mandatory order from this court directing and requiring respondent to grant to petitioner an appeal to this court from an order entered by respondent in a divorce action pending before him which pe...
Views: 2
Affirming. Woodford Swango appeals from a judgment sentencing him to the penitentiary for two years upon a conviction for unlawfully detaining a woman, Bonnie Ledford, against her will in violation of section 1158 of the Kentucky Statutes. The first ground urged for reversal is that error was committed in refusing to continue the case on account of the absence of a material witness, Omer Hollon. U...
Views: 4
Certifying the Law. George F. Bandy was indicted for violation of Section 1213a, Kentucky Statutes, as amended by Acts of 1930, chapter 179, known as the "Cold Check Law." The trial court sustained a general demurrer to the indictment accusing the appellee, Bandy, of the crime of unlawfully and with intent to defraud uttering and delivering a check for the payment of money upon a bank, when knowin...
Views: 3
Reversing. Appellees brought this action in the Warren Circuit Court against appellants to quiet title to a certain tract of land in Warren County, Kentucky, alleging, in substance, that they are the owners of the land by inheritance through Nancy Virginia Bates Edmunds, the first wife of James Edmunds. She died in 1893. Appellants are claiming title to the land by virtue of a deed executed in Apr...
Views: 0
Dismissing Petition. This case involves a question as to the duty of a circuit court clerk to issue an order of attachment in a divorce proceeding. Section 196 of the Civil Code of Practice sets forth that an order of attachment shall be made by the clerk of the circuit court in which an action is brought or pending in any case mentioned in Section 194, subsections 1 and 2, if an affidavit of the ...
Views: 1
Affirming. According to the record the appellant and plaintiff below, Gustavia Elliott, a married lady with some infant children, was the victim of most gross and inexcusable treatment and neglect by the county judges of Pike county at the time of the transactions involved, for no part of which is there the slightest excuse in law, morals or justice. Notwithstanding plaintiff's maltreatment, and r...
Views: 0
Dismissing Appeal. The Montgomery county board of education divided the county into five school districts pursuant to the authority contained in Section 4399-24, Carroll's Kentucky Statutes, 1941 Supplement. Upon the theory that the board had not formed the districts in accordance with law, two hold-over members of the board who were elected in the year 1938 filed a suit against the members electe...
Views: 0
Affirming. The action culminating in this appeal and another action hereinafter mentioned arose like phoenixes from the ashes of a former appeal to this Court, the opinion in which is reported in Marshall v. Whitt, 287 Ky. 290, 152 S.W.2d 945, 947. Pursuant to the 1940 amendment, Acts 1940, c. 71, to Section 4399-24 of the Kentucky Statutes, the county board of education of Montgomery County divid...
Views: 1
Opinion op the Court by — Affirming. On August 25, 1939, the appellee, Lewis Casteel, entered into a written contract with appellant, Kentucky-Virginia Stone Company, the material part of which reads: “The said party of the first part, Lewis Casteel, hereby agrees to unload and transport sand, stone and cement from a railroad car at the L. & N. Railroad tracks...
Views: 0
Affirming. We are asked to reverse a judgment of the Chancellor refusing to modify and specifically enforcing provisions of a previously entered divorce decree awarding appellee the custody of his five year old son during the three months school vacation in each year, and relieving him from paying appellant for the child's support during such periods. The provisions referred to were incorporated i...
Views: 3
Affirming. Mrs. Louise Buren brought this action against the Louisville Railway Company to recover damages for injuries which she alleged she suffered as the result of the negligent operation of one of defendant's trolley buses. The jury returned a verdict for the defendant, and plaintiff has appealed. Plaintiff seeks a reversal chiefly on the ground that the evidence does not sustain the verdict....
Views: 1
Affirming. Neville Rose appeals from a judgment sentencing him to confinement in the penitentiary for life for the murder of Leslie Childers. The first ground urged for reversal, that the verdict was flagrantly against the evidence, necessitates a statement of the substance of the evidence. On the morning of the killing, which took place about 1:30 P. M. on Sunday, November 20, 1941, the appellant...
Views: 0
Opinion of the Court by — Affirming. Appellant sued appellee for divorce from bed and board and alimony on the ground of “habitual drinking,” wasting of His estate, and failure to provide for plaintiff, “as he should do, or for their children.” The appellee counterclaimed for an absolute divorce on the grounds of cruelty and five years living separate and apart without cohabitation. ...
Views: 0
Dismissing Appeal. An indictment returned by the Letcher Circuit Court jointly charged Millard Collins, Alonzo Sizemore and Hillard Bates, with robbing by force and arms Cullen Anderson and Walter McCall of seventeen gallons and three quarts of moonshine liquor. A joint trial was had *Page 686 as to appellees, Collins and Sizemore, and the record does not show what disposition was made of the ind...
Views: 0
Affirming. *Page 657 On April 18, 1932, Anne Boswell Froage died, leaving surviving her her husband, G.B. Froage (the appellant), and the appellees named as devisees under her will, which reads as follows: "I, Anne Boswell Froage, being sound in body and mind make this my last and only will. "1st. All just debts be paid. "2nd. I give and bequeath to my dear husband, George Barton Froage, ...
Views: 0
Affirming. Matt Cobb shot and killed Marshall White near Manchester, in Clay County, on Christmas night of 1941. Upon his trial he was found guilty and his punishment fixed at 15 years in the penitentiary. He is urging that the judgment be reversed on the grounds that (1) the verdict of the jury is contrary to the law and the evidence and is the result of bias or passion and prejudice on its part;...
Views: 0
Opinion of the Court by — Affirming. The appellant killed his friend, Jess Cox, in what might be styled a duel resulting from a drunken quarrel arising over the alleged mistreatment by appellant of a guest in Cox’s home where the families of the participants had spent the evening and the ensuing early morning hours. Acting, as he claimed, under a threat from Cox that Cox would “kill him befor...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 704 Reversing. This suit was instituted by Mrs. Julia Chalk against the children of her late husband, Jule Chalk, one of whom is also sued as executor, for a settlement of his estate. She has particularly sought the adjudication of her rights as widow under t...
Views: 1
Reversing. The question presented is: Whether evidence that a truck which caused the accident bore the particular colors and trade name of a contracted carrier, operating under a franchise, over a route on which the accident occurred, establishes a prima facie case that the carrier was the owner of the truck; and that it was, at the time of the accident, on the business of the carrier and in charg...
Views: 1
Reversing. Jim Gilbert brought this action against Silver Fleet Motor Express, a corporation engaged in the business of a common carrier in the transportation of freight and express over the highways of Kentucky and other states, to recover $2,999 for damages to his automobile and personal injuries received by him in an accident allegedly caused by the negligence of the defendant's agent and serva...
Views: 1
Opinion of the Court by — Affirming. Appellee was granted an absolute divorce from the appellant on the ground of cruelty, and awarded the custody of his daughter, Lucy Carol, and his two sons, William Clay and Bronston Ray, all infants of tender years. On this appeal, only the propriety of so much of the decree as awarded appellee the custody of his daughter is questioned. The rule of law ...
Views: 0
Affirming. Katherine Demumbrum Whitefort and Nola Barron Anderson sued Mrs. P.W. Barron and others to obtain the sale and division of proceeds of 365.8 acres of land in accordance with Section 490, subsection 2, of the Civil Code of Practice. Mrs. Barron denied that the property was indivisible without materially impairing its value or the value of each share therein, and pleaded as a counterclaim...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 758 Reversing. This is a second appeal; 275 Ky. 564, 122 S.W.2d 121. We reversed the judgment sentencing appellant to imprisonment for three years for detaining a woman, etc., under an indictment charging carnal knowledge of Virginia Mayo, a girl over twelve ...
Views: 4
Reversing. Appellants E.P. Land, W.E. Gary and J.W. Adams, citizens, residents and taxpayers of Fayette County, acting for themselves and on behalf of all taxpayers similarly situated, filed this action under the Declaratory Judgment Act (Section 639a-1 et seq., Civil Code of Practice) *Page 801 against appellees, S. Higgins Lewis, Clerk of the Fayette County Court, and the surety on his bond, Na...
Views: 0
Affirming. In 1939 the appellants owned approximately one thousand acres of land in Calloway County, Kentucky, located near the Tennessee river. Prior to or about this time the United States Government by its agency known as the Tennessee Valley Authority, was making preparations to construct what is known as the Gilbertsville Dam at that location and was taking options and other steps to purchase...
Views: 0
Affirming. In April, 1941, the grand jury of Boyd county, Kentucky, returned an indictment against the appellant, Dr. Fitch, accusing him of the crime of abortion, as same is defined and made a felony by Kentucky Statutes, Section 1219a, subsections 1, 2, 3 and 4 (Kentucky Revised Statutes, Sections 436.020 and435.040). Omitting the merely formal parts of the indictment, its description of the act...
Views: 4
Granting Leave to Amend Petition. In this original action in this Court, filed by the petitioner, A.H. Hargis, against the judge and clerk of the Breathitt circuit court, the petitioner seeks a mandamus against the clerk to compel him to docket in the circuit court a purported appeal taken by the petitioner to the circuit court from a judgment of the county court and he seeks also a mandamus again...
Views: 0
Reversing. Apparently without objection, O.C. Jones was tried under an indictment charging him with grand larceny and knowingly receiving stolen property. He was found guilty and his punishment fixed at three years in the penitentiary. *Page 720 It is conceded that the evidence was sufficient to sustain a conviction on either count. Jones is urging that the judgment be reversed because the court ...
Views: 1
Reversing. This case has been thoroughly baptised with briefs filed by respective counsel for each side and also supplemented by amici curiae briefs filed in behalf of appellants. Four or five of the briefs on behalf of appellants are printed and the total number filed in behalf of all parties to the litigation is twelve, which is composed of originals, responses, replies, rejoinders, sur-rejoinde...
Views: 0
Opinion op the Court by Affirming. The appeal is by Hobart Fugate from a conviction of’ carnally knowing a female under the age of consent and a sentence of five years’ imprisonment (Section 435.100, Kentucky Revised Statutes). *794 The victim of the crime, Alice Lawson, was then 14 years old. She testified that on the afternoon of September 30, 1941, she met the defendant for the first t...
Views: 5
Reversing. The question involved on this appeal is whether or not J.G. Brashears made a gift to his wife, Mary, of two checks aggregating $256. H.W. Webb, administrator of Mr. Brashears, filed a petition in equity naming as defendants the bank where Mrs. Brashears deposited the checks, the bank upon which they were drawn, and the heirs of Mrs. Brashears, she having died intestate and no personal r...
Views: 0
Reversing in part and Affirming in part. The principal question involved in these two cases concerns an attack upon two deeds executed by J.H. Coleman in March, 1940. The Daniels case involves also an effort on Daniels' part to collect from Coleman a $465 legacy which Coleman had converted to his own use while acting as executor of the estate of Daniels' father in 1916. The chancellor upheld the c...
Views: 0
Reversing. The action was instituted by appellant, Pauline Stokes Hall, to have quieted her title to a lot in Auburn, Logan county, Kentucky. Her husband joined in the suit. The petition alleged that Mrs. Hall had legal title to and was in possession of the property and that defendants were claiming to jointly own an undivided one-half interest therein. Plaintiff claimed to be the owner of the pro...
Views: 0
Reversing. Originating in an action by the City of Newport to enforce the payment of taxes accrued on the former residence of Mrs. Elizabeth Boehmer, deceased, this litigation resolved itself into a contest between the surviving descendants of Mrs. Boehmer named in the caption as appellees, and the appellant, Paul J. Sipes, who, as the result of an execution sale and sheriff's deed, had acquired t...
Views: 0
Reversing. The Commonwealth of Kentucky has appealed from a judgment rendered against it in favor of appellee for the sum of $2,179.19 as balance payment for road surfacing material, asphalt cutback, furnished appellant by appellee pursuant to a series of contracts entered into between appellee and appellant by its Department of Highways. The contracts were entered into in May, 1937, and the mater...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 782 Affirming in part and Reversing in part. There are two branches of this case, one of which is ancillary and dependant upon the other, although it became and is the chief contest. 1. The State Banking Commissioner and a special deputy in charge of liquidat...
Views: 0
Opinion op the Court by Reversing. The circuit court adjudged unconstitutional Chapter 106 of the Acts of the 1942 General Assembly relating to the employment of attorneys by the various executive departments of the government'. We summarize its provisions. . The Act provides that, with the approval of the Govérnor, any department, including “each and every administrative department, agency, divi...
Views: 0
Opinion of the Court by — Dismissing purported, appeal. The above captioned cause was placed on the docket of this Court on July 5, 1940, as a result of the would-be appellant filing with the Clerk a statement of appeal and what purported to be a copy of the judgment of the Breathitt circuit court from which the appeal was attempted. The purported copy of the judgment was not attested or cert...
Views: 0
Affirming. Appellant on June 28, 1941, filed claim with the Compensation Board, and on December 18th, Referee, who had heard the case, recommended that the application be dismissed. Upon motion of applicant the matter was taken to the full Board, and that body after a hearing adopted the recommendation. Thereafter applicant petitioned for review in the Webster circuit court; the court upheld the B...
Views: 2
Reversing. This is a habeas corpus proceeding in which the appellant sought, but was denied, the custody of her infant daughter, Patricia, who resides with, and is being reared by, the appellee, her paternal grandmother. The child's father died on February 20, 1942, and since it is the settled law of this jurisdiction that the surviving parent is entitled to the custody of all children born of the...
Views: 0
Affirming. This is an appeal from a judgment rendered upon a verdict declaring appellant guilty of the murder of Marion Miley and inflicting the death penalty. Appellant, indicted with Thomas Penney, and Raymond Baxter, were tried separately; the latter were found guilty with like penalties inflicted. Opinions in the Baxter (Baxter v. Com., 292 Ky. 204, *Page 729 166 S.W.2d 24) and Penney (Penney ...
Views: 4
Motion for an appeal from the Daviess Circuit Court. Judgment for $300. Motion for an appeal overruled and judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed....
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Reversing. The appellant, Stratton Terstegge Company, plaintiff below, is engaged in the wholesale hardware business in Louisville. It brought this action against J. Herman Criswell and Ray Rushmeyer, partners doing business as the Clark County Supply Store, for the balance of $2,928.28, with interest, due on a stock of merchandise of $4,390.63 sold the defendants in February and March, 1938, wit...
Views: 0
Affirming. Nannie Grumbley died testate on the 15th day of March, 1935, a citizen and resident of Todd County, Kentucky, and her will was duly probated in the Todd county court on the 18th day of March, 1935. By the terms of her will testatrix made specific bequests to Annie Hogan, Richard Russell Hogan, Vincent G. Russell, C.M. Russell, Lucian Russell, Mrs. Lubbie Weaver, and Mrs. Elizabeth R. Ha...
Views: 0
Affirming. James Bradas died testate November 9, 1939, a resident of Oldham county. His only heirs at law were the seven children of a deceased brother. He bequeathed to each of these nieces and nephews the sum of $10,000, and in the eighteenth clause of his will named them the residuary legatees. He left large sums to various charitable institutions, and made bequests ranging from $250 to $5,000 ...
Views: 0
Affirming. *Page 33 The appellee, Mrs. Lucy Thompson Campbell, inherited several hundred acres of land in Greenup County from her grandfather, William Biggs. Mrs. Campbell is the child referred to in the second Codicil of Mr. Biggs' will, which reads as follows: "Since my will was written my daughter Lola L. Thompson has died leaving a child, a daughter, the property I give or intended by my ...
Views: 0
Affirming. In 1888, Granville Haney, who then owned the 40 acre tract of land now owned by W.J. and Lonas Terrill, the appellants herein, executed a coal lease on the land to a predecessor of the appellee and plaintiff below, Kentucky Block Cannel Coal Company. The lease ran for a period of 999 years and provided for a small down payment with royalties at the rate of $2 per acre to be paid when an...
Views: 1
Affirming. This equity action was filed in the Knott Circuit Court by the appellee and plaintiff below, H.H. Smith, against the appellant, Dial Fugate, to quiet plaintiff's title to the oil and gas under a tract of land in Knott County containing something like 94 acres. Defendant, Fugate, by his answer and cross-petition brought into the case the other appellee, Warfield Natural Gas Company (to w...
Views: 0
Reversing. Appellant, plaintiff below, in August, 1940, instituted suit against the County School Superintendent of Hickman County, and the Board of Education, seeking mandamus to require the board to contract with him as principal of the school at Columbus. His complaint was that Miss Beckham, who was superintendent up to July 1, 1940, had in due time recommended him for the appointment, but that...
Views: 1
Affirming. *Page 85 On a former appeal the alignment of parties was the same as above. 284 Ky. 294, 144 S.W.2d 503, 504. We reversed and remanded because of our conclusion that under the pleadings and proof the trial court should have sustained appellant's motion for a directed verdict. In the first case the matter proceeded to a trial by jury, resulting in a verdict for appellee for $813.72, und...
Views: 0
Reversing. The appellee, W.C. Spicer, was an employee of the Black Motor Company in its business as dealer in automobiles at its establishment maintained and operated in Harlan, Kentucky. While engaged in his employment – and on September 20, 1939 – he claims to have sustained an accident which produced hernia, and on August 26, 1940, he filed an application with our Workmen's Compensation Board f...
Views: 2
Affirming. Charles Conant died in 1935 at the age of 89 in the house and on the farm where he was born, which had been owned by him, his father and grandfather for more than 100 years. The farm was at the outskirts of Smithland and contained 104 acres. The residence was an old brick house located on Conant Hill overlooking the confluence of the Cumberland and Ohio rivers. In recent years the farm ...
Views: 1
Affirming. The judgment in this case is for $7,500 for the death of Elmer Boyd, who was killed by a train near but within the east limits of Catlettsburg on April 6, 1940. The appellants, *Page 11 C. O. Railway Company and its engineer, argue that the evidence did not authorize an instruction on their primary negligence and that there should have been submitted to the jury only the issues of con...
Views: 2
Reversing. In her petition appellee sought to recover $775, fire damage to her automobile insured by appellant. The jury awarded her this amount, less $363.25 paid by appellant to the Finance Company to which the conditional sales contract had been assigned. The deduction was directed by the Court, which entered judgment against appellant for the balance, $411.75. Claiming that the verdict was fla...
Views: 2
Affirming. Margaret E. Whitely died testate, a resident of Daviess County. By the first clause of her will she directed the payment of her debts and funeral expenses. The second clause was as follows: "2nd. I will and bequeath all the rest and residue of my estate where so ever situated, to my son, L.E. Whitely, provided, however, that if my son, L.E. Whitely shall die before his wife, Mary F....
Views: 0
Affirming. *Page 182 This appeal presents for our determination the identical question, based on exactly similar facts, which was presented and determined adversely to appellant's contention by the decision of this court, in the case of Murphy v. Menefee, Judge, 288 Ky. 119, 155 S.W.2d 753, which was approved, followed and held conclusive of the same question when it was again presented upon exac...
Views: 2
Affirming. The administratrix of the estate of Thelma Lykins Baker brought this action against the Kentucky West Virginia Power Company, W.R. Adams, and Sanford Adams to recover damages for the death of her intestate allegedly caused by the negligence of the defendants. At the conclusion of the evidence for the plaintiff, the court sustained the Kentucky West Virginia Power Company's motion for ...
Views: 2
Affirming. The will of the late Rebecca M. Garvey, of Owen County, is as follows: "Leesburg Va Jan 1 1939 This is to certify that I want my sister Mrs M.H Coleman to have what I leave in the event she survives me to use as near following directions as possible I want three hundred dollars put in trust to keep the two Lots known as the D L Moore Lot. No. _____ and the j j Garvey Lot No _____ "R...
Views: 3
Affirming. The appellee, plaintiff below, an infant suing by his next friend (father), brought this action in the McCracken circuit court against the appellant, defendant below, to recover damages resulting from personal injuries received in a collision between the automobile in which he was riding and an automobile (taxicab) belonging to defendant and being driven by its employee, Ollie Vaughn. T...
Views: 0
Affirming. On May 30, 1939, Price, plaintiff below, a resident of Eldorado, Illinois, selling cars for the Burnett Motor Company of the same place, was traveling north on Highway No. 56 and came into collision with a car driven *Page 155 by T.F. Jarrett, an employe of the Rogers Truck Line, both residents of Texas. Jarrett was driving southwardly from Evansville, Indiana, to Shawneetown, Illinois...
Views: 2
Affirming. The sole question involved in this case is the correct interpretation of a writing executed by Charley Sturgill to his wife, Frankie Sturgill, and others (but who the latter are is the question) on May 13, 1918, which writing purported to convey the tract of land owned by Charley Sturgill in Knott County, which it is stated in the record at one place as containing 200 acres and at anoth...
Views: 0
Reversing. On June 30, 1928, the defendant, Beecher Smith, signed as surety a guardian's bond for $2,000 executed by Mrs. Lula B. Sears as principal guaranteeing her faithful discharge of the trust as the guardian of her two infant children, who were then six and four years of age. The record shows that on Aug. 4, 1928, Mrs. Sears deposited to her credit as such guardian in the First National Bank...
Views: 1
Affirming. The appellants, claiming under a commissioner's deed executed March 3, 1932, asserted title to the oil and gas underlying lands comprised within a tract of 1,396 acres formerly owned by K.B. Elswick in fee simple. On May 10, 1910, Elswick had conveyed the coal underlying the acreage to the Mason Coal Coke Company, and in 1918 and 1919 had executed deeds conveying to Al Swinney and Tom ...
Views: 3
Reversing. This appeal is from a judgment for $1,000 recovered by the appellee, Emmit McAlister, against the appellant, North American Accident Insurance Company, in an action upon an accident policy in which appellee's wife was the insured and in which appellee was named as beneficiary. *Page 90 So far as material to this controversy, the policy insured against death resulting directly, independ...
Views: 1
Affirming. Prior to and at the time suit by appellee against appellant, the latter was engaged in the sale of motor vehicles; appellee was a general insurance agency, both located in Harlan. During 1936-37 appellee wrote insurance for the appellant, insuring its buildings, compensation, and other risks, so that at the time of suit the appellant owed premiums amounting to $3,665.50, for which recov...
Views: 1
Affirming. The question before the court is whether manufacturing machinery of a public utility company in Louisville is subject to local taxation. It involves the construction of two amendments to the Kentucky Constitution and of two statutes which respectively carry them into effect. The suit is by the appellee, Louisville Gas Electric Company, claiming exemption of its property of that class, ...
Views: 1
Reversing in part and affirming in part. On August 20, 1926, Mrs. Josephine F. Post executed and delivered to the Mechanics Trust Savings Bank of Paducah bonds aggregating the sum of $3,000, and, simultaneous therewith, assigned to the bank rentals due, and to become due, under a contract of lease with the Mid-Continent Petroleum Corporation to secure the payment of the $3,000 bond issue, and, "a...
Views: 0
Affirming. The appellant, Robert Williams, a negro, appeals from a judgment sentencing him to death for the rape of Mrs. Virgie Wigginton, a white woman. On April 16, 1941, Mrs. Wigginton and her husband *Page 369 went from Louisville to Lexington, where the husband, who was a baker, was endeavoring to obtain a position in a bakery. They arrived late in the evening and, after contacting the baker...
Views: 0
Opinion by — Confirming report. The trial committee of the Kentucky State Bar Association, after a trial according to the rules of the Association, have found I. Arnold Waxman, a member of the Jefferson County Bar, guilty of unprofessional conduct and have recommended that he be disbarred and denied the privilege of continuing further the practice of the profession. The report of the trial ...
Views: 2
Reversing. The appellant in the first case in the caption, and petitioner in the second one, became the purchaser of some real estate in the town of Russell, Greenup County, at a judicial sale made under a judgment of the Greenup Circuit Court in the consolidated actions of W.L. Pennington et al. v. Garland Meadows et al. The property at the time of the institution of those actions was occupied by...
Views: 0
Reversing. *Page 301 The Colonial Finance Company appeals from a judgment denying the enforcement of its mortgage, executed in Ohio, on an automobile sold in Kentucky to appellee, Marie Hunt, by Gallenstin Auto Sales Company, an Ohio dealer. Gallenstin, the dealer, arranged with Colonial to finance the purchase of several automobiles from a Nash factory branch in Cincinnati. On November 29, 1939,...
Views: 0
Affirming. The question presented on appeal involves the title to 50 shares of stock of the Bank of Maysville, of the agreed value of $5,000, and incidentally the construction of the holographic will of E.C. Slack, who died March 3, 1918, which in so far as pertinent reads: "(b) I desire that my wife Sallie Downing Slack have the remainder of my property as long as she may live. At her death I d...
Views: 2
Reversing. On February 23, 1941, the appellant, Jerry Noe, and Ely Rhodes, his partner, operated a roadhouse on Greasy Creek in Bell County near the line of Whitley County. Between 3:30 and 4 P. M. on the afternoon of that day there were some fifteen or twenty customers therein who were engaged in the entertainments furnished by such places, which in this instance consisted largely in the consumpt...
Views: 2
Affirming. The appellants, brothers, were jointly indicted for murder, tried together, convicted of voluntary manslaughter, and sentenced to twenty-one years confinement in the penitentiary. Two grounds for a reversal are urged, namely, that the evidence was insufficient to uphold the verdict, and, since there was no charge of "aiding or abetting" in the indictment, the Court erred in instructing ...
Views: 2
Reversing. The appellee, Gus Thomas, Jr., an eight year old child, was awarded $3,000 in an action filed by him to recover damages for personal injuries sustained when he fell or was thrown from an ice truck of the appellant, Ice Delivery Company, driven by an employee, the appellant, Walter Collins, and this appeal follows. The boy got on the truck at 6th and Ohio Streets, in Paducah, where the a...
Views: 6
Affirming. Dock Madden, survived by several brothers and sisters, departed this life on the 7th day of November, 1937, a citizen and resident of Knott county. Appellee, Martha Cornett, until about 8 years before *Page 270 Madden's death was his close neighbor and throughout their lives had been his steadfast friend. For the last 8 years she made her home about 6 1/2 miles from his residence. Over...
Views: 1
Reversing. *Page 335 This appeal is from a judgment for $500 in favor of appellee following a jury verdict on the second trial. On the first trial a verdict was directed for appellant at the close of appellee's evidence and judgment was entered thereon. On appellee's motion a new trial was granted and the verdict and judgment set aside over appellant's objection. Appellant filed its bill of excep...
Views: 1
Affirming. Default judgment was rendered in this suit of Mrs. Bertha Perry against her brother, Robert Bailey, and her five sisters and their husbands to foreclose a mortgage on 32 acres of land which had been executed by their father to secure a debt of $228 to Dr. Edward Wilson and assigned to her by him, she having paid the debt. She pleaded also for a division of the surplus of the proceeds of...
Views: 0
Reversing. These three actions have been consolidated and we will dispose of them in this opinion. In 1920 the appellant conveyed to his son, Blaine Haven, a tract of land in Butler County, Kentucky, consisting *Page 316 of 275 acres. The deed recited a consideration of "parental love and affection," and further recited: "The said Blaine Haven is to further pay the said A. Haven (1/3) one third...
Views: 0
Affirming. Following certain specific bequests and directions unrelated to this controversy, R.H. Glover, by the second clause of paragraph 9 of his will, devised his real estate to his grandsons, in the following language: "I will, bequeath and devise all my personal property not otherwise disposed of herein, and all real estate wheresoever situated to my legal heirs as the law of Kentucky dire...
Views: 0
Affirming. An action will be abated where it is shown that another action is pending in this state between the same parties for the same cause. Section 92, Civil Code of Practice. If the two actions are pending in the same court, the court will take judicial notice of the former action and read the fact of its existence into the petition. Maynard v. Allen, 276 Ky. 485,124 S.W.2d 765. At the time o...
Views: 0
Reversing. The appellee and plaintiff below, J. Leonard Davis, lives in Barbourville and for several years has maintained a law office in Harlan. It is his custom to leave Barbourville on Monday morning for Harlan and to return to his home the latter part of the week. The basis of his action for $10,000 against the Southeastern Greyhound Lines is that on the 27th day of November, 1939, he purchase...
Views: 0
Reversing. On May 10, 1937, the appellant issued to Dewey S. Parish an insurance policy insuring his life in the sum of $500 in which James E. Parish, father of the insured, was named beneficiary. The insured died February 1, 1939, and soon thereafter proof of claim was made and presented to appellant. Appellant refused to pay the claim and thereupon James E. Parish brought this action to recover ...
Views: 0
Affirming. The Standard Mortgage Company brought an action against C.W. Brickley to recover on two promissory notes executed by him. The petition was in two paragraphs. In paragraph 1 it was alleged that on January 25, 1929, C.W. Brickley executed to plaintiff his promissory note for $12,350, and that a balance of $8,111.25 was due thereon. In paragraph 2 it was alleged that on December 31, 1928, ...
Views: 0
Reversing. Appellants, who were wholesale distributors of merchandise, *Page 140 entered into a written sales agreement whereby they agreed to sell goods on credit to James Herald. Appellees, Spurlock and Waddle, signed the sales agreement as sureties for Herald. This action was instituted by appellants against Herald and his sureties for an unpaid balance of $411.97. The written agreement was in...
Views: 0
Affirming. The appellant instituted this action in equity alleging the existence of an equal partnership between him and the appellee, Kut, for the conduct of a laundry and dry cleaning business, based upon the agreement of Kut to contribute $5,000, $2,500 of which was to be used in the payment of appellant's creditors. In return, appellant *Page 238 had contributed the assets, including the equi...
Views: 0
Affirming. In January, 1936, W.E. Taylor was appointed administrator of the estate of Alfred Yahnig, a resident of Fentress County, Tennessee. He continued to act in that capacity until his death in September, 1938. There came into the administrator's hands three checks, each of which was made payable to W.E. Taylor, administrator of the estate of Alfred Yahnig. One check was for $760.68, another ...
Views: 4
Affirming. On April 18, 1936, L.E. Bradley brought an action in the Lawrence circuit court against John Hall on a note of $54 and an open account of $6.25. An attachment was levied on a small tract of land in Lawrence county. Hall, a resident of Mingo county, West Virginia, was summoned in the manner prescribed by Section 56 of the Civil Code of Practice which provides that "if a defendant be out ...
Views: 0
Affirming. Floyd and Sallie Burkhart instituted this proceeding to have Mr. and Mrs. George Roberts remove certain obstructions which they had placed in a passway through their farm and to have them permanently enjoined from impairing the passable and usable condition of the way. The land owned by the Robertses abuts Highway 80 in Laurel County and that of the Burkharts is some 300 yards back from...
Views: 0
Reversing. The Mutual Indemnity Company (hereinafter referred to as the company) was a corporation organized under the laws of New York and was engaged in automobile indemnity insurance. On January 1, 1937, it issued a policy to the Fuqua Bus Lines, which was terminated on Nov. 27, 1937, by the insolvency of the company. The earned premium on the policy was $1,381.86. Louis H. Pink, Superintendent...
Views: 0
Reversing. Lee Wilson was convicted of forcibly raping Mayme Schneider, a female above 12 years of age, an offense denounced *Page 225 by Section 1154, Kentucky Statutes. His punishment was fixed at confinement in the penitentiary for 10 years and on this appeal he contends the judgment should be reversed because: (1) The court erred in not directing a verdict in his behalf; (2) the court erred t...
Views: 4
Affirming. The City of Lexington appeals from a judgment for $650 awarded the appellee, Chas. S. Clarke, for personal injuries sustained when he stumbled over a stone and fell on a sidewalk of the city. The facts, about which there is little or no dispute, are substantially as follows: About 8 o'clock in the evening appellee was walking westwardly on High Street at a point about 100 feet east of B...
Views: 1
Affirming. W.F. and J.P. Saulsberry and their sisters, Betty Rupert and Charlotte Wilsch, are the joint owners of a large boundary of mineral lands in Carter County. These lands have been in the Saulsberry family for a number of years. For some 10 years prior to the institution of this action in March, 1939, J.P. Saulsberry operated the clay mines on the property under a lease from his brother and...
Views: 1
Opinion op the Court by — Affirming. On May 16, 1911, the Citizens National Life Insurance Company issued and delivered to Augustus 0. Plone a life insurance policy for the sum of $20,000 payable in twenty equal .annual installments of $1,000 each, the first installment to be paid immediately upon due proof of the death of the insured. Alice C. Hone, wife of the insured, and his children by h...
Views: 0
Affirming. On the former appeal of this case we reversed for a new trial, because it was developed that one of the jurors on the first trial was disqualified. 283 Ky. 590, 142 S.W.2d 137. The first verdict visited a penalty of confinement of each appellant for a period of fifteen years, which upon retrial was reduced to five years; from a judgment in accordance appeal is prosecuted, it being conte...
Views: 2
Affirming in part and reversing in part. Suit below was instituted to test the validity of an ordinance of the city providing for establishment of parking meters, and of a purchase contract. The city and proper officers were made defendants, plaintiffs being the Louisville Automobile Club, Robert Ball, a citizen, *Page 243 and conducting a business on Fourth Street; N.B. Wigginton, operating a pa...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 200 Affirming. This is an action for the specific performance of a written contract to convey a coal mining property. The appellant asserted that he was such a beneficiary under the terms of the contract as authorized his enforcement of it against the appelle...
Views: 1
Affirming. On and prior to December 12, 1938, the appellee and defendant below, Goodloe Lawson, and his brother, Clyde Lawson, owned the tract of land in Mercer County involved in this action which was supposed to contain anywhere between 237 1/2 and 254.8585 acres. They appear to have also owned other tracts (or defendant owned them alone) some of which adjoined the larger tract involved herein. ...
Views: 0
Reversing. Many years ago the residential section now known as St. James Court, in Louisville, Kentucky, was subdivided into resident lots, which were later sold to purchasers to be occupied by them for resident purposes. The plat of the subdivision, as well as the deeds of the grantor conveying each lot, contained a number of restrictions limiting the use of the conveyed property by the various v...
Views: 2
Affirming in part and reversing in part. Appellant survived Charles Andrews who was killed in 1937 while in appellee's employ; she filed her claim for compensation. It was agreed that Andrews met his death in course of and arising out of his employment, and that his earnings were such as to entitle claimant to recover maximum compensation, if any due her. Also that parties had accepted provisions ...
Views: 4
Affirming. An indictment was returned by the grand jury of Madison County on February 5, 1941, accusing appellant, C.A. Monson, of the commission of the crime of murder by shooting and killing with the necessary intent, Luther Whittamore. Under a plea of not guilty his trial was later had, resulting in his conviction of voluntary manslaughter, with an attached punishment of seven years' confinemen...
Views: 0
Affirming in part and reversing in part. The city of Richmond brought this suit against the Madison county fiscal court for a declaration of the rights and duties of the city of Richmond and Madison county relative to the care of paupers who reside within the corporate limits of the city of Richmond, and the plaintiff in the prayer of its petition asked specifically for a judgment declaring whethe...
Views: 1
Affirming. The appellant has appealed from a judgment of $2,600 rendered against it in the Pulaski Circuit Court in favor of appellee. The action was based upon a bond of indemnity executed by appellant to appellee indemnifying the latter against the direct loss of any property through any act committed by any of appellee's employees, such as robbery, burglary, larceny, theft, etc., of money, secu...
Views: 1
Reversing. The appellee, W.A. Walker, suing as administrator of the estate of John Walker, deceased, brought this action in the Muhlenberg circuit court to recover of appellants for the death of decedent which resulted from being struck by a motor truck owned by appellant Jewel Tea Company and being operated by appellant Bill Wood. The accident occurred in Muhlenberg county on the 13th day of Marc...
Views: 0
Affirming. This is an appeal from a judgment of the Leslie circuit court, following verdict of the jury awarding appellant $2,500 for land taken and consequential damages, for the purpose of building a state highway between Harlan and Hyden. Appellant owned more than 1,000 acres in Leslie County, the greater portion being hilly and timbered, not subject to cultivation. The particular portion throu...
Views: 2
Affirming. Two contiguous lots owned by contesting parties are in the town of Inez, each a portion of a lot theretofore owned by J.C. Newberry. It is difficult to describe them due to lack of explanation in briefs, which merely refer us to three maps filed with the record. Lot No. 2 is owned by appellee; No. 3 by appellants. Both face RockCastle Creek on its west side, lot No. 3 being down the str...
Views: 0
Affirming. The grand jury of Clay county returned an indictment against Jeremiah Nolan and Preston Stewart charging them with the crime of rape. In the body of the indictment it was charged that they unlawfully, feloniously, wilfully, and violently made an assault upon Rhoda Bowling, a female person more than twelve years of age, and had carnal knowledge of her forcibly against her will and withou...
Views: 0
Affirming. This is a declaratory judgment proceeding, Sections 639a – 1 to 639a – 12, inclusive, of the Civil Code of Practice, instituted by Arthur K. Whitelaw in behalf of himself and others similarly situated to have determined the question of whether his annuity whereby he receives $1,875 monthly is taxable. Mr. Whitelaw was called upon by the Department of Revenue to assess his annuity but he...
Views: 0
Affirming. *Page 495 Previous to the transactions hereinafter related, F.F. and Bessie Colwell were indebted to the Perry County State Bank in the sum of $10,000, which debt was evidenced by their promissory note and secured by a mortgage on certain real estate situate in Perry county. On the 5th day of October, 1928, they conveyed the real estate to Milo Campbell, the deed for which retained a l...
Views: 0
Affirming. Malcolm Lawson suffered an injury to his back while cutting coal (hostling) in a mine of the Wisconsin Coal Corporation. He was allowed compensation for total disability for a limited period of time, and thereafter was awarded compensation on the basis of a permanent partial disability of 35 per cent to his body as a whole, with a proviso hereinafter discussed. After his period of hospi...
Views: 2
Affirming. The appeal is from an order overruling a motion to quash a sheriff's return on an execution. A default judgment on a promissory note for $5,000 was rendered by the Boyd circuit court in January, 1935, in favor of B.E. Lykins against the Park Hill Realty Company and two individual sureties. An execution issued on August 30, 1935, and same was returned to the clerk's office with the certi...
Views: 5
Affirming. On July 9, 1924, Joe Stephens, of McCreary county, died, the owner of certain lands, which, by his last will and testament, he directed to be sold "at private or public sale as my executor hereinafter named may think best, so as to make same bring the most money, the terms of the sale to be made by him as he thinks best and to the best advantage, said sale to be had within a reasonable ...
Views: 0
Affirming. *Page 380 The appellant, J.W. Kidd, owns sixty acres of land in Laurel county three miles south of London fronting on U.S. Highway 25. Adjoining appellant's land on the west is a tract of land owned by appellee John Jody. A creek or branch rises on the Jody land and flows through appellant's land and through a culvert under the highway. In 1932 appellant constructed a wall or dam 6 fee...
Views: 0
Affirming. Robert Flynn sued the administrator of the estate of his father, J.D. Flynn, to recover compensation for services rendered him in driving a truck under an express *Page 384 contract of employment. He alleged the services were reasonably worth $1,872. The defendant denied every material allegation of the petition. In a second paragraph he alleged, in substance, that the decedent had ope...
Views: 0
Reversing. The Unemployment Compensation Act (hereinafter referred to as the Act) passed by the 1936 General Assembly, which was re-enacted in 1938, and amended in 1940, now Section 4748g-8, Baldwin's 1941 Supplement, provides a lien exists on all property of the employer in favor of the Unemployment Compensation Commission (hereinafter referred to as the Commission) to secure the payment of the c...
Views: 2
Dismissing appeal. Five of the six plaintiffs and appellants were candidates for the office of trustees of the town of Jeffersontown in Jefferson County at the regular 1941 election in November of that year; whilst the other plaintiff and appellant (F.R. Thatcher) was a candidate for the office of police judge of the town. In the same election five of the defendants and appellees were opposing can...
Views: 1
Affirming. Under an indictment of the grand jury of McCracken county charging the appellant with the crime of murder, he was convicted of manslaughter and sentenced to two years in the penitentiary. He has appealed, insisting on a reversal of the judgment on the grounds that (a) the court erred in refusing to sustain his motion for a continuance; (b) inasmuch as the court overruled his motion for ...
Views: 0
Affirming. The appellee, J.H. Matney, while an employee of the State Highway Department, sustained an injury as the result of an accident arising out of and in the course of his employment. He was awarded total permanent *Page 441 disability compensation by a full board award of the, Workmen's Compensation Board on June 4, 1940. On July 26, 1940, an appeal from the award was filed in the Johnson ...
Views: 2
Affirming in part and reversing in part. In the preparation of this opinion there will be cited only a small number of domestic cases as examples of many others sustaining the propositions advanced, the cited ones referring to others of like tenor. This case is a divorce action filed by appellant, the wife and plaintiff below, against the appellee, husband and defendant below. They were married on...
Views: 0
Reversing. This action was filed by the appellee to recover damages for the wrongful death of his decedent, an experienced miner 50 years of age, alleged to have resulted from breathing bad air in appellant's mine. Verdict and judgment were for $2,000, followed by this appeal. First of the numerous grounds urged for reversal is that the trial court erred in refusing to direct a verdict for appella...
Views: 0
Affirming. Appellant was indicted on a charge of maliciously shooting and wounding Joe Rose, an offense denounced by Section 1166, Kentucky Statutes. Upon trial a jury found him guilty and fixed his punishment at five years' imprisonment. He is asking for a reversal on the ground that the court erred in not sustaining his motion for a directed verdict, and that the verdict of the jury was contrary...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 412 Reversing. Appellants instituted this action to enjoin the appellee from enforcing an order made by him closing a moving picture theatre owned by appellants and operated by their lessees at Stanford, Kentucky, and to require him to remove a placard from t...
Views: 4
Affirming. The two cases captioned above were heard together by the trial court and have been consolidated and ordered heard together in this court. The actions originated in the following manner. Mary Hall, the mother of appellees, W.J. Hall and Emmitt Hall, Jr., on the 26th day of September, 1912 (her husband joining in the deed), conveyed to appellee, Emmitt Hall, a tract of land which is the s...
Views: 0
Affirming. *Page 426 The appellee, William Wilson, plaintiff below, sued Hiram M. Brock and wife, Ona Brock, for a balance of $1,000 with 6% interest from July 6, 1937, due on a $2,000 note they executed to him. The verdict was for the full amount sought and the Brocks appeal from the judgment entered thereon. The answer and counter-claim as amended averred that when Wilson loaned the $2,000 to t...
Views: 0
Affirming. W.R. Hall died intestate May 13, 1932, survived by a widow, Alice Hall, three children by his former marriage, and four children of a deceased child. Mrs. Hall had no children. Her step-children obtained from Mrs. Hall a deed and contracts whereby she, without consideration, delivered to them practically all of her interest in the estate of her husband, as well as certain real estate sh...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 447 Reversing. The appeal presents the question of whether a State Court is required or permitted to take jurisdiction of a case founded upon a right of action created by an Act of Congress. The decision calls for the construction of the term "any court of co...
Views: 6
Reversing. Appellant was convicted of the crime of manslaughter and sentenced to serve two years in the state reformatory. He asks reversal on the grounds that the court erred in refusing to permit the introduction of competent evidence and that the verdict is flagrantly against the law and the evidence. The first objection may be disposed of in a few words. Counsel for appellant did not make an a...
Views: 2
Affirming. Several years prior to 1926, J.W. Cassady, who died in September, 1936, and a son-in-law of his, C.E. Gilliam, jointly purchased a piece of property in Pikeville. They made the first payment jointly and assumed the payment of two $525 notes which were secured by a lien on the property. In February, 1926, Cassady borrowed $1,000 from his wife Victoria, the plaintiff below and one of the ...
Views: 0
Reversing. On October 30, 1906, B.H. Grim conveyed to his son, J.F. Grim, an estate in certain real property in Johnson county. In February, 1907, J.F. Grim caused the deed to be recorded in deed book 23, page 566, in the office of the clerk of the Johnson county court. The instrument as recorded reads: "This deed of conveyance made and entered this the 30 day of October, 1906, between B.H. Gr...
Views: 0
Affirming. The appellee, J.T. Eades, Jr., recovered judgment against the Business Men's Assurance Company (hereinafter referred to as the Company) for commissions of $1,763.91 alleged to be due him under a contract, and the Company appeals. The case was referred to the master commissioner to hear proof and determine the accounts between the parties. He found in favor of Eades in the above sum and ...
Views: 0
Opinion op the Court by — Affirming in part and reversing in part. Geneva Reed and her husband, Dow Reed, instituted this action against John W. Taylor and Fannie Honaker and her husband, G. C. Honaker. They alleged that Taylor was wrongfully asserting title to and had possession of a tract of land which they had purchased from the' Honakers. They prayed that Taylor be enjoined from trespassi...
Views: 0
Reversing. The appellant, Mabel Payne, and John L. Payne (both of the colored race) were married in Louisville, Jefferson county, Kentucky, in November, 1908, and lived together in Louisville several years thereafter. The evidence is somewhat confusing as to the exact date *Page 462 appellant left Louisville but in any event not before 1927 or perhaps a few years later, more probably about 1934, ...
Views: 0
Reversing. *Page 529 Jointly indicted with his stepmother and half-brother, Lawrence Callebs, the appellant was convicted of knowingly receiving stolen property and sentenced to two years' confinement in the penitentiary. The evidence introduced by the Commonwealth was substantially the same as that introduced in the case of Callebs v. Commonwealth, 290 Ky. 529, ... S.W.2d ..., this day decided. ...
Views: 0
Affirming. This appeal is from a judgment declaring the appellee, Mrs. J.G. Farley, to be the owner of an automobile and denying the appellant, Alex Roberts, the right to have it sold under the levy of an execution issued on a judgment against her husband. Appellant had secured judgment against Farley in 1929, the balance due at the time in controversy being in excess of the value of the car levie...
Views: 0
Reversing. The appellant was jointly indicted with his mother and his half-brother, Earl Callebs, for the offense of knowingly receiving stolen property, namely, a heifer of the value of more than $20. Tried separately, he was convicted and sentenced to two years' confinement in the penitentiary. The most material evidence introduced by the Commonwealth was that obtained from a search of the home ...
Views: 0
Affirming. Parties above were candidates at the 1941 general election for justice of the peace in magisterial district No. 3, Pike County. Bartley was the Democratic and Potter the Republican nominee. The election commissioners upon canvass found that Bartley had received 670 votes and Potter 682. Within the statutory period *Page 510 appellant filed his contest petition, specifically charging th...
Views: 0
Reversing in part and affirming in part. The transcript of this record as made by the clerk of the trial court contains 539 pages. Subdivision 2 of Rule III of this Court, which has long been promulgated and published in each of the successive dockets of this Court, says in part: "If the transcript comprises more than 150 pages, it must be divided in two or more volumes so that no one volume compr...
Views: 0
Reversing. Ike Bowling appeals from a conviction of manslaughter and sentence of 15 years' imprisonment. He submits he was entitled to a directed verdict of acquittal and that the instructions are erroneous. It is necessary to look to the evidence for the defense for a story of the tragedy. The Commonwealth's evidence was only that Bowling had asked a neighbor to notify the officers that he had ki...
Views: 0
Judgment for $336.28 in action on a check. Motion for appeal denied and judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Motion overruled; judgment affirmed. *Page 856 ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. *Page 1 ...
Views: 0
Appeal denied; judgment affirmed. *Page 857 ...
Views: 0
Appeal denied; judgment affirmed. *Page 855 ...
Views: 0
Opinion op the Court by — Affirming. Claude Pike and George Martin were charged jointly with the crime of stealing a Packard automobile from James S. Golden, in Pineville. At his trial Pike was found guilty and his punishment fixed at five years’ imprisonment. The grounds urged for reversal are: (1) The court erroneously instructed the jury; and (2) Pike was not represented by counsel. The ...
Views: 3
Opinion of the Court by — Affirming. Ruth .Ford McDowell was injured in an automobile .accident April 29, 1940. She brought this action against Allen J. Bryden to recover damages for her injuries, alleging in her petition that an automobile operated by the defendant was, by his negligence and carelessness, caused to collide with a truck in which she was riding. On the trial of the case the ju...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 544 Affirming. This action was brought under the Declaratory Judgment Act, Civil Code of Practice, Section 639a – 1 et seq., by Willie Crawford, Jr., and Bonnie Mae Crawford, by her statutory guardian, seeking a construction of their paternal grandfather's, M...
Views: 3
Affirming. *Page 586 The City of Harlan on February 6, 1939, passed an ordinance which, in effect, made it unlawful to operate a picture show on Sunday after six o'clock P. M. and provided a fine of not less than $5 nor more than $15 for each violation. The appellee, L.B. Scott, General Manager of the appellee, Phoenix-Harlan Theater Company, was arrested and fined for violation of the ordinance ...
Views: 6
Reversing. U.G. Marcum, the appellant, brought this action against appellees under the provisions of the Declaratory Judgment Act, Section 639a – 1 et seq. of the Civil Code of Practice, seeking a declaration of the rights of the parties as to whether appellant and his partners of the firm of the Marcum Grocery Company are entitled to have a deposit in the insolvent Bank of Campbellsville (hereina...
Views: 1
Reversing. The city of Olive Hill appeals from a judgment for $1,750 obtained by appellee, A.J. Counts, for damages for personal injuries sustained in a fall on a sidewalk of the city. There is little dispute as to the facts, which are substantially as follows: In 1926 or 1927, while appellee was police judge of Olive Hill, the owner of property abutting on Railroad Street constructed a sidewalk a...
Views: 3
Affirming. The Black Mountain Corporation, hereinafter referred to as the Company, operated one coal mine at Keniver and another at Coxton, both located in Harlan County. The County Board of Education, conducted a common school at Keniver, with a branch at Coxton, for a term of seven months. An extension of the school term to nine months was desired by parents of some of the children, and a plan w...
Views: 1
Affirming. On April 20, 1932, the appellee and defendant below, Frank Koenig, Sr., purchased two lots each 50 feet wide and running back 200 feet to an alley, and being parts of Block O, on the plat of Southern Heights, which plat was of record in the office of the county court clerk of Jefferson county, and likewise parts of Lot 6 on Block 2370, as shown on the maps of the assessor of the same ci...
Views: 3
Affirming. On August 28, 1939, appellant filed her petition, making Tom George and wife and Calvin Bentley and wife defendants, asserting that she was the owner in fee, and entitled to the possession, of a tract of land in Laurel County containing 10 acres, more or less, describing it and filing copies of deeds, undertaking to show claim of title back to the year 1909, though these show a differen...
Views: 2
Affirming. The appellant is the owner of land on the north side of the Cumberland River opposite the Jamestown-Monticello Highway in Russell County, and of a franchise to operate a public ferry across the river at that point. The appellees who owned and rented farms abutting upon the Highway on the south bank of the river, maintained a boat, and, after that was lost, a skiff, for the joint use of ...
Views: 2
Affirming. The appellee, E.J. Picklesimer, hereinafter referred to as "the appellee," is a member of the Pike County Bar. The appellant, George Henry Hunt, is a resident *Page 574 of that county, and the brother and heir at law of T.M. Hunt, deceased, whose landed estate appellant recovered as the result of litigation decided by this Court on December 3, 1929, reported under the caption, Hunt v. ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 634 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 635 Reversing. Mrs. Bessie O'Nan Truitt, widow of J.T. Truitt, filed a petition in equity to recover her distribut...
Views: 4
Affirming. The appellee, Anna Mae Hagan, sustained serious personal injuries in a collision between an automobile in which she was a guest and a taxicab of the appellant, Empire Taxi Service, operated by appellant, Marcellus L. Smith. The collision occurred at the intersection of Fourth and Ormsby Streets in Louisville. The taxicab was moving south on Fourth and the automobile was moving west on O...
Views: 2
Reversing. This is an appeal from a supplemental judgment in a divorce proceeding adjudging that appellant, Mildred C. Ewald Turner, by reason of her remarriage, had abandoned and relinquished all her rights against appellee Louis Phillip Ewald, her former husband, in the original judgment rendered July 21, 1932, in which appellant was granted a divorce from appellee and was given custody of their...
Views: 2
Opinion op the Court by — Reversing. In the year 1925 Eddie Earl Davis, a World War veteran, was found incompetent to manage his estate and his sister, the appellee, 'Anna J. Loney, was appointed as his committee. His only estate consisted of a pension from the Federal Government. He has resided with his sister for the past eighteen years. In the year 1936 Mrs. Loney conveyed a house and lo...
Views: 1
Reversing. In June, 1938, the appellant sold appellee a threshing machine with certain attachments, and accepted in part payment therefor $50 accompanying the order, which bore the date June 2, 1938, a check for $250 dated June 16, 1938, the date the threshing machine was delivered, and two notes dated June 15, 1938, for $250 each, secured by mortgage on the machinery sold. Appellee stopped paymen...
Views: 1
Reversing. The appellant, J.G. Fortney, was convicted of embezzling $669.88 from a corporation, the Southeastern Gas Oil Company, hereinafter referred to as the Southeastern, while acting as its manager, an offense denounced by Section 1202 Kentucky Statutes. His punishment was fixed at confinement in the penitentiary for one year, and to reverse the judgment he assigns three errors: 1, The court...
Views: 1
Affirming. This is a companion case to Ben Williamson Co. v. Alice Hall et al., 290 Ky. 672, 161 S.W.2d 905. It was the intention of the parties to have this appeal heard with the Williamson case and an order was entered to that effect. However, there was some delay in filing briefs in the instant case and during the interim the opinion in the Williamson case was handed down. The facts here are p...
Views: 0
Reversing. The appellant, a moonshiner, bootlegger, and generally disreputable character, according to the testimony, was convicted of murdering Roscoe Davis, and sentenced to death. The homicide occurred between 7:30 and 8 o'clock on the evening of August 21, 1941, at the entrance to the yard of the residence of the victim's mother with whom he and his wife resided near the town of Gatliff. The m...
Views: 1
Affirming. The appellee, Viola Bedford, instituted this action to enjoin appellants, Fred Maloney and wife, from obstructing or closing up a passway extending from appellee's east line through appellants' land to the Paris-Winchester Pike. On motion of appellants the action was transferred to the common law docket for the trial of legal issues. Two trials were had, both resulting in hung juries. O...
Views: 2
Affirming. *Page 643 The appellant, Elmer Cox, was convicted of the crime of detaining a woman against her will, denounced by Section 1158 of Kentucky Statutes, and sentenced to two and a half years in the penitentiary. On this appeal the sole ground urged for reversal is misconduct of the Commonwealth's Attorney in asking incompetent questions. At the close of the direct examination of the appel...
Views: 6
Affirming. The appellant, Oscar Fitzgerald, and William Wedding were jointly indicted for the murder of Joe Boehm. Fitzgerald's trial resulted in a verdict of guilty and his punishment was fixed at 15 years in the penitentiary. His grounds for reversal are (1) The court permitted to be introduced in evidence a photograph of Boehm taken an hour after his death; (2) the jury was instructed erroneous...
Views: 1
Dismissing appeal. *Page 631 The appellees brought this action against the Warfield Natural Gas Company to recover damages to their property allegedly caused by the negligent maintenance of a pipe line through their land. The pipe line had been constructed in 1898. In 1936 appellees conveyed to the State Highway Commission a right of way 60 feet in width. The Highway Commission let a contract for...
Views: 1
Affirming. On July 24, 1939, Sarah McNamara instituted suit for divorce and alimony against her husband, James W. McNamara. She obtained a general order of attachment under which Frank Marcum, T.R. Marcum, and William Marcum, Sr., were summoned as garnishees. By amendment the Marcums and the New Horse Creek Coal Company were made parties defendant. Plaintiff alleged that they were indebted to her ...
Views: 3
Reversing. Alsey Gentry died January 20, 1940, a resident of Laurel county, and on February 13, 1940, a paper dated September 7, 1939, was probated in the Laurel county court as her last will. In item 2 of the will the testatrix gave to her sisters $1 each. In item 3 she gave to her sister, Mary Barnett, her home place and the adjoining land for life and at Mary Barnett's death to her other sister...
Views: 1
Affirming. This is one of eight suits filed against the appellees, Hiram M. Taylor and James Purdon, and Harry Ort by the appellant, Roy Tomlin, and A.B. Rouse, F.W. Dempsey and the Maysville Transit Company. Damages in the sum of $50,000 are sought in each case. While the petitions are said to be the same in all the actions, this case involves only the suit of Tomlin against Taylor and Purdon. A ...
Views: 1
Affirming. This case involves the construction of the holographic will of F.M. Ballenger, which is as follows: "Knowing that life is uncertain and that death is sure and while my mind is clear and alright I will make my last will and testament. "1st: I want all my just debts and funeral expenses paid in full and as soon as possible. "2nd: I will to my two youngest sons, Robert Morrow a...
Views: 2
Affirming in part and reversing in part. Hiram Turner was released from jail in the morning of February 9, 1940, and was killed that afternoon by a train while walking in the railroad yards at Evarts. The next day at the undertaking establishment in Harlan, where his body lay, Rebecca Turner, his purported widow, agreed with an agent of the railroad company to accept $200 in satisfaction of any cl...
Views: 1
Affirming. As is disclosed in Brandenberg v. Hurst, 289 Ky. 155,158 S.W.2d 420, on the face of the returns Robert Brandenberg was elected sheriff of Lee County by 5 votes at the November 1941 election. Z.T. Hurst, his *Page 594 opponent, filed a proceeding for a recount and a contest. Section 1596a-12, Statutes. On the recount branch of the case, we reversed the judgment and held that Brandenber...
Views: 3
Affirming. In July 1935 the Realty Corporation of Corinth, Kentucky, bought from North Kentucky Fair a tract of 15 acres in the town of Florence, for $15,000, one-third in cash, the balance evidenced by two notes of $5,000 each, with lien to secure payment. The Realty Company thereafter divided the tract into 131 town lots. On October 14, 1935, Realty sold to Lincoln Realty Company 23 lots, retain...
Views: 2
Reversing. In 1926 and 1927, the City of Olive Hill ordered its streets to be paved with concrete at the expense of abutting property. Suit was filed by the city against M.D. Jordan and wife in April, 1936, seeking to enforce assessment liens on five parcels located on Main, Scott and Railroad Streets. It is alleged that there had been assessed against all the property $7,075.14, of which $2,314.8...
Views: 1
Affirming. The circuit court ordered the appellants, L.P. Maggard and Susan Maggard, to remove a fence across an old public road and enjoined them from again obstructing it. There was considerable evidence heard on the trial and the judge went to the country and viewed the situation, which is not very cleary described in the record. However, the essential facts upon which the judgment was rendered...
Views: 1
Affirming. Appellants are members of the Covington police department, and, in November and December, 1939, took examinations for promotions to higher positions in the department. Having failed to secure advancement they brought suit under the Declaratory Judgment Act, Civil Code of Practice, Section 639a – 1 et seq., seeking to have the appointments of the successful applicants set aside. The lowe...
Views: 2
Reversing in part and affirming in part. The appellee, Fred M. Moats, was an employee of appellant, a corporation, from September, 1922 to April, 1939. His duties consisted of that of gas service man and gas distribution foreman. In October, 1940, appellee brought this action against the appellant, defendant below, to recover of it a certain portion of his wages which he averred defendant deducted...
Views: 2
Affirming. The question presented for our determination is the constitutionality of an act passed at the Regular, 1942, Session of the General Assembly of Kentucky, known as House Bill 129, which reads: "An Act relating to the transfer out of interest *Page 682 in the Unemployment Trust Fund, and declaring an emergency. "Be it enacted by the General Assembly of the Commonwealth of Ky. "...
Views: 1
Affirming in part and reversing in part. This case presents the question of the correctness of the action of the trial court in granting a peremptory instruction in favor of the appellees, E.V. Howard and Pearl Wilson, at the conclusion of the evidence introduced by the Town of Loyall, plaintiff below. The Town alleged that Howard and Wilson were sureties on the *Page 678 bond of I.B. Saylor, its...
Views: 1
Affirming. The appellant, Lonnie Coburn, was injured while working for the appellee, Eastern Coal Corporation, in November, 1936. He was struck on the chin by an iron brake lever. The injury was first thought to be superficial, but several days after the accident Coburn was forced to enter a hospital for treatment. An X-ray picture showed that there was a fracture of the jawbone near the left side...
Views: 3
Reversing. On the trial of the appellant, James Chester Benson, for the murder of Martha Dell Vincent, a girl 19 years of age with whom he had been keeping company for more than a year, no instruction was given on self-defense or authorizing a conviction on any lower degree of the crime. The jury found him guilty of murder and fixed his punishment at death and from the judgment entered on that ver...
Views: 2
Affirming. Prior to the year 1900, Gem of Kentucky Lodge No. 1519, Grand United Order of Odd Fellows, was an unincorporated *Page 711 fraternal order. In July, 1900, it was incorporated but its charter expired in the year 1925. In the year 1941 the trustees of the Lodge contracted to sell to appellant, F.H. Henderson, certain real estate for $8,000. Appellant being dubious of the title to be conv...
Views: 1
Affirming. Appellee, plaintiff below, in August 1939, filed petition in equity, asserting that he was the owner and in possession of two described tracts of land. He charged that Williams, defendant below, was claiming title to a portion of the lots, and had been trespassing by building walls and filling in a part of one of the lots. He sought injunctive relief, damages, and a quieting of title. W...
Views: 1
Affirming. In the late afternoon of April 21, 1940, Mary Fouch King was run over by a passenger train of appellee and defendant below, Louisville and Nashville Railroad Company, on its line of railway in Breathitt county, Kentucky, some miles out of the city of Jackson. She was killed instantly, and it appears that the accident occurred off of any public road and while decedent was lying down on t...
Views: 2
Affirming. W.O. Moore died testate on April 18, 1940, while a *Page 716 resident in the city of Berea in Madison county, and where he had resided since 1924. He left surviving him his widow, Sarah M. Moore, who died since the filing of this appeal, and the cause has been revived as against her in the name of her personal representative. There also survived him his two sons, the appellants, W. Tod...
Views: 3
Affirming. By a contract entered into between the City of Ashland and the Canfield-Brown Construction Company, a partnership, in June 1925, the exact date not appearing in the record, the Company agreed to construct certain streets in Ashland and was to be paid by the City from assessments made against the abutting property and from the sale of street improvement bonds. The construction was done a...
Views: 1
Reversing. Alleging that appellee was asserting title by gift to certain promissory notes and a receiver's certificate belonging to the estate of Mary Thompson, and had refused to surrender possession thereof, the executrix of Mary Thompson's will, Elizabeth Denker, instituted this action in equity to nullify the alleged gift and compel the delivery of the property. An answer pleading a gift inter...
Views: 2
Reversing. The appellant Charlie Wireman, was jointly indicted with Bud Wireman and Jim Dunn for the malicious shooting and wounding of Ulysses Reed, a negro. Upon a separate trial he was convicted and his punishment was fixed at confinement in the penitentiary for two *Page 706 years. On this appeal he assigns four errors: 1. Competent evidence was excluded; 2. the verdict is flagrantly against ...
Views: 4
Affirming. On August 19, 1941, following a decree of court dissolving *Page 797 the corporation, the town of Livingston was recreated in the manner provided by Section 3714 et seq., Kentucky Statutes. In the incorporating decree the court appointed certain municipal officers, among the list Mullins, to be police judge. It was recited in the order that all appointed officers were to "hold their re...
Views: 1
Reversing. On August 14th, 1940, appellee and defendant below, Ben F. Taylor, borrowed from appellant and plaintiff below, Farmers and Depositors Bank, at St. Matthews, Kentucky, the sum of $483.62, balance due on a Plymouth automobile which defendant had purchased from some dealer and upon which he had made an initial payment. The amount borrowed was agreed to be paid in installments at different...
Views: 1
Affirming. On April 13, 1942, the board of council of the city of Murray, a city of the fourth class, passed an ordinance in conformity with Section 3480d-1 et seq., of the Kentucky Statutes, for the purchase, through the Tennessee Valley Authority, of the electric distribution system in the city of the Kentucky-Tennessee Light Power Company. Until the institution of this action on May 14, 1942, ...
Views: 2
Affirming. Certain property of the appellees, Franklin P. Williams and E.C. Williams, in Louisville, was sold for nonpayment of 1937 city taxes on November 18, 1937, to the appellant, Interstate Bond Company, the amount, with interest and penalties, being $402.93. Section 3002 of the Statutes gave them two years in which to redeem their property, but they made no offer to do so. However, they paid...
Views: 2
Reversing. On the failure of the Attorney General to certify to the validity of refunding bonds in the amount of $25,000 proposed to be issued by Ballard county, the county debt commission refused to pass upon the question of the right of the county to issue the bonds. On appeal to the Franklin circuit court, the commission was upheld. The county and its fiscal officers have brought the action to ...
Views: 0
Reversing. On February 7, 1941, the appellant, A.R. Hatton, a justice of the peace of Wolfe county, issued a warrant for the arrest of Samp Spencer, who was then also a justice of the peace of that county, charging him with the offense denounced by Section 1092, Kentucky Statutes, of "signing or knowingly permitting his name to be signed to a blank warrant" as a justice of the peace. For the offen...
Views: 1
Reversing. Alvin H. Davis appeals from a judgment of conviction of uttering a forged check and penalty of four years' imprisonment. His sole ground for reversal is that the verdict is not supported by the evidence. Perry Scott testified that on Saturday evening of August 30, 1941, a stranger came to his place of business and inquired about buying 100 day-old red chicks. Being told that he would no...
Views: 3
Reversing. The Louisville Railway Company appeals from a judgment for $3,308 obtained by appellee, J. Gilbert Prather, for damages for personal injuries sustained when he fell in alighting from one of appellant's street cars and was dragged some distance by the car. The principal ground urged for reversal is that the verdict was flagrantly against the evidence. Prather, who was an employee of appe...
Views: 3
Affirming. This suit was brought by the administrators with the will annexed of James Alpheus Kirk, deceased, to obtain the construction of his will and advice and directions as to their duties with respect to the matter of paying out and distributing the funds in their hands. J.B. Kirk, a son of the testator, and A.D. Kirk, a collateral relative, were appointed administrators with the will annexe...
Views: 1
Reversing. This is a novel case. The appellee, Mrs. Frances Brown, recovered a judgment for $1,000 for personal injuries sustained by the alleged sudden, unusual and violent jerk or lurch of a river steamboat as it pulled out from the wharf. On a clear, calm afternoon of September 3, 1938, Mrs. Brown, who was about 70 years of age, accompanied by several members of her family, boarded the "Island ...
Views: 2
Reversing. The appellant, Lillian Bunch Ray, was 11 years of age when a tract of land in which she owned a one-eighth interest was sold in 1929 under Section 490 of the Civil Code of Practice. Her share of the net proceeds of the sale was $134.89. The judgment of sale directed that the appellant's share should not be collected but should remain a lien on the land until a guardian qualified for her...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 804 Reversing. This appeal is from a judgment rendered by the Circuit Judge sitting as the trier of the law and facts awarding the appellee $2,000 as the beneficiary of an insurance policy, applied for but not issued, on the life of her fifteen year old son, ...
Views: 3
Affirming in part and reversing in part. This case presents the question can the Department of Welfare subject the total disability benefits under certain life insurance policies to the maintenance and support of an insured after he has been committed to an asylum; or shall such payments be used for the support of the mother of the insane insured? On March 10, 1920, Robert H. Farmer insured his li...
Views: 1
Affirming. J.B. Burnette resided and was a citizen in Whitley county, Kentucky, at the time of his death in 1927. He left his widow and a number of heirs who under the law inherited their respective interest in the small farm upon which he resided containing thirty acres, the title to which at the time of the filing of this action was jointly held by his surviving heirs with dower rights in his wi...
Views: 1
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Affirming. Whitley county is local option territory as the result of an election held December 19, 1936, under the provisions of Section 2554c-1 et seq., Kentucky Statutes. In 1938 the General Assembly amended Section 2554c-1 by providing that in any county, city, town, district or precinct, which may become legally dry under the Local Option Act, a referendum may be held in such territory on the ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 131 Reversing. The tracks of the appellant and defendant below, Louisville and Nashville Railroad Company, at a point some five or six miles east of Owensboro run east and west. At that point defendant has a siding some two miles long paralleling its main lin...
Views: 3
Reversing. The appellant has prosecuted this appeal from a judgment of the Hickman circuit court sentencing him to the penitentiary for a period of one year under an indictment charging him with the crime of hog stealing. In the motion and grounds for a new trial a number of alleged errors are assigned, among which is that the evidence is insufficient to sustain a conviction, hence, the court erre...
Views: 1
Affirming. This appeal is from a judgment entered on a directed verdict for the appellee at the conclusion of all the testimony in an action by appellant against appellee for damages to property owned by them on account of flooding of the property, due, as alleged, to discharge of water on the property by a concrete culvert under appellee's railroad tracks immediately in front of the property. The...
Views: 0
Affirming. *Page 80 On December 21, 1938, the board of directors of the Farmers State Bank, a corporation organized under the laws of Kentucky and conducting a banking business at London, Kentucky, placed the bank in the hands of the state banking commissioner for liquidation. On March 2, 1940, Arlie Magee was appointed special deputy banking commissioner to liquidate the affairs of the bank. Amo...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Reversing. The appellees, who were the plaintiffs below, brought their respective actions in the Franklin circuit court against appellant to recover damages for personal injuries resulting from a collision between the automobile in which plaintiffs were riding and one being operated by the appellant, approaching from the opposite direction. The petitions charged that the collision between the auto...
Views: 0
Opinion op the Court by Reversing. The appellant, Dixie Bays, was convicted and sentenced to the penitentiary for a violation of Section 1220 of the Kentucky Statutes making it a felony for a woman to conceal the birth of a bastard child so that it may not be known whether the child was born alive. On this appeal, among other grounds urged for reversal, it is contended that the trial court sh...
Views: 0
Affirming. Appellant was plaintiff below; the hospital and doctors who constituted the executive board, defendants. Appellant asserted that he was qualified to practice medicine and surgery; had been so engaged for thirty years or more, and had practiced in hospitals in Lexington and surrounding towns for many years, until recently barred from performing surgical operations in defendant hospital. ...
Views: 5
Affirming. The plaintiff, Henry Sheridan Merritt, is the owner of 40 1/2 acres of land located in Clark and Estill counties near the mouth of Red River, which land was known as tract No. 3 when the Clark Circuit Court partitioned the *Page 143 lands of his grand-father, Abraham Merritt, in 1865, and which he acquired in 1934 by deed from his father, Henry Merritt. The defendant, W.E. Palmer, is t...
Views: 2
*148 Opinion op the Court by Affirming. The appellant was convicted of shooting and wounding Colonel Bolen with intent to kill, and sentenced to two years ’ confinement in the penitentiary. He appeals, urging that the court failed to instruct on the whole law of the case, and that the evidence was insufficient to take the case to the jury or support its verdict. Appellant testified, in answ...
Views: 1
Affirming. At the May, 1941, term of the Estill circuit court, the grand jury jointly indicted Wayne Reed, Leonard Reed (his brother) and Garnie Walters, accusing them of the crime of dynamiting fish in Estill county, committed by willfully and feloniously placing or causing to be placed dynamite in the Kentucky river and by exploding or causing it to explode, thereby killing fish in the stream. W...
Views: 0
Affirming. On the 4th day of January, 1938, appellee, Tom Lee, was loading coal in appellant's mine. While he was on his knees shoveling coal a piece of slate dislodged from the roof of the mine and fell on him resulting in severe injuries to the pubic bones. At the direction of appellant he was taken to a hospital in Middlesboro where X-ray pictures were taken by Dr. J.T. Evans. After remaining i...
Views: 1
Affirming. This appeal is prosecuted from a judgment in favor of the Louisville Trust Company entered on its counterclaim and cross-petition against the appellants, Ida M. Staten and Wm. B. Fahey, enforcing the payment of the *Page 260 balance due on notes executed by appellants and held by the Trust Company. The judgment against Mrs. Staten was for $10,387.35 and against Fahey for $6,245.75. The...
Views: 2
Dismissing appeal. The appellants were convicted of attempting to set fire to a dwelling house, the offense denounced by Section 1171, Kentucky Statutes, and their punishment fixed by the jury at one year's confinement in the penitentiary. However, no judgment was entered upon the verdict and no sentence imposed by the court. All parties to the appeal agree that the appeal is premature and must be...
Views: 0
Reversing. This appeal is from a judgment in favor of appellee Saunders in an action of appellant, Charles W. White, against him and in favor of appellee, Mary Forbes, in her action against White, both actions arising out of the same automobile collision. The two cases were tried together. The collision occurred at the intersection of Clay and Chestnut streets in Louisville, an industrial section ...
Views: 2
Affirming. The appellant, Joe Duncan, was indicted, tried and convicted and fined $100 in the McCreary circuit court for violating the provisions of classification (1) in section 2554b-181 of Baldwin's 1939 Supplement to Carroll's Kentucky Statutes by selling alcoholic beverages to Herbert Perry, a minor near eighteen years of age. He has filed the record in this court with a motion for an appeal ...
Views: 0
Affirming in part and reversing in part. The Kentucky-West Virginia Gas Company and Ernest Jayne entered into a contract in February, 1928, under which the Company agreed to purchase all of the gas produced by Jayne from a tract of land owned by him at the rate of ten cents per thousand cubic feet. Jayne drilled two wells on his property and the Company gathered his gas, as well as that from certa...
Views: 0
Affirming. The transcript of the record in this case consists of copies of a judgment entered in the Harlan circuit court February 24, 1938, in a case styled Charley Noe v. Mary Noe, an order in the same styled case entered August 20, 1940, an order in a case styled Mary Noe v. Charley Noe entered September 3, 1940, and the schedule filed by Mary Noe in the Harlan circuit court October 16, 1940. A...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 187 Affirming. The appellant was the plaintiff below and appellee was the defendant. We will refer to the parties according to their respective positions in the trial court. On September 21, 1936, plaintiff and defendant entered into a written contract (to be...
Views: 3
Affirming. Thomas Parsons died intestate on April 7, 1866, the owner of a 264 acre farm in Elliott County, and was survived by a widow, a son and three daughters. The son, Gabe, obtained deeds from two of his sisters in 1883 and 1898 respectively, each conveying him an undivided one-fourth interest in the farm. The widow died in 1891. The third sister, Nancy, was mentally afflicted, never married,...
Views: 0
Affirming. On the first appeal (280 Ky. 543, 133 S.W.2d 709) the alignment of parties was the same as here. It is not necessary to refer to the former opinion, except insofar as it may relate to the matters here presented. We reversed a former judgment in part, and remanded for entry of consistent judgment, which the court entered. In that opinion we indicated that the husband should have been gra...
Views: 0
Affirming. Owensboro, a city of the third class, is operating under the city manager form of government. In the year 1939, its commissioners by ordinance adopted the provisions of Sections 3480e-1 to 3480e-12, Baldwin's 1939 Supplement to Carroll's Kentucky Statutes, in respect to civil service regulations for its employees. For many years it has been engaged in the manufacture, sale, and distribu...
Views: 0
Reversing. This is a contest of the election of sheriff of Lee County. On the face of the returns Robert Brandenburg, *Page 156 Democrat, received 1508 votes and Zach T. Hurst, Republican, received 1503. Hurst filed the contest upon the ground that a number of illegal votes had been cast for his opponent. He asked a recount of the ballots by the court. The contestee filed a counter-contest upon t...
Views: 2
Reversing. Appellee, plaintiff below, sued the defendant, a trucking company, for $2,680.80 for destruction of property. Jackson owned two small houses situated on a small lot in an alley just off Highway No. 68, which runs through Maysville. Plaintiff charged that due to negligent operation the truck left the highway; ran into his houses, set them afire, resulting in their total destruction. The ...
Views: 1
Reversing. *Page 169 This is an appeal from a judgment of the Barren circuit court forfeiting to the Commonwealth five acres of land with the buildings thereon. The suit was brought by Elmer Pursley, a private citizen, pursuant to Section 2554c-24, Kentucky Statutes, which provides: "Any person knowingly or intentionally renting, hiring, letting, lending, leasing or permitting the use of, or ...
Views: 3
Affirming. This action was instituted to recover $2,000 on an insurance policy by which appellant promised to pay appellee as beneficiary $1,000 upon receipt of proof of the death of her husband, William R. Milner, and an additional $1,000 in the event his death resulted solely from *Page 251 bodily injuries caused directly, exclusively, and independently of all other causes by external, violent,...
Views: 1
Reversing. *Page 197 This case involves an effort on the part of the City of Paducah to have the McCracken circuit court assess certain allegedly omitted property (buses) of the Dixie Greyhound Lines for the years 1933, 1934 and 1935. The company reported on the City's prepared assessment form under the heading "Carriages, Wagons, Bicycles and Other Vehicles," with the notation "Retired equipment...
Views: 0
Affirming. *Page 309 This is a litigation in equity originating in the Mercer circuit court for the purpose of dividing a parcel of real estate jointly owned, in different proportions, by the parties to the litigation, the title to which they obtained under the wills of E.H. Gaither, who died a resident of Mercer county on January 15, 1924, and that of his surviving widow, Fanny Gaither, who died...
Views: 1
Affirming. In Fulton County Fiscal Court v. Southern Bell Telephone Telegraph Company, 285 Ky. 17, 146 S.W.2d 15, we considered the validity of proposed bonds to refund the indebtedness of Fulton County and disposed of many questions. The case was remanded to the circuit court for the application of the law as therein declared. *Page 161 In the further proceedings careful consideration was given...
Views: 0
Reversing. This action was instituted by Gary Phillip Jones, an infant one year of age, by his next friend, Evy R. Jones, to recover damages for the loss of his eyesight allegedly caused by the negligence of the defendant, Dr. Harold L. Walden, in failing and refusing to place nitrate of silver in his eyes at the time of his birth. The defendant's answer consisted solely of a general denial. At th...
Views: 2
Affirming. The appellee, Owen Caplinger, has sought to enforce a contract of the appellant, E.K. Suppinger, to buy two certain lots in the Crestwood Subdivision of Frankfort. Other appellees are the trustees for Mrs. Mary Hoge Hazelrigg, under the will of her father, Charles E. Hoge, deceased, Mrs. Hazelrigg, personally, and her husband, D.L. Hazelrigg. The construction of a deed in Caplinger's ch...
Views: 0
Reversing. The questions presented on this appeal involve construction of that part of section 4399-40, Kentucky Statutes, which reads as follows: "* * * It shall be the duty of each board of education to prepare a school budget, showing the amount of money needed for current expenses, debt service, capital outlay, and other necessary expenses of the schools during the succeeding fiscal year a...
Views: 0
Affirming. This is an appeal from a judgment in a common law action tried by the court without the intervention of a jury, and involves primarily the correctness of the court's findings of fact rather than his interpretation of the law applicable thereto. The appellee is a corporation engaged in insuring employers operating under Workmen's Compensation Acts; and the appellants, hereinafter referre...
Views: 0
Opinion op the Court by Affirming. This action partakes of tbe nature of and might appropriately be described as “Much Ado About Nothing.” There is only one acre of land forming the sole subject matter of the litigation and it, in its natural unimproved state, was, or is, not worth, according to the proof, exceeding fifteen or twenty dollars, some of the witnesses putting the value as low as ...
Views: 0
Reversing. At the dates here involved the appellant and defendant below, Ken-Ten Coach Company, was a corporation operating as a common carrier of passengers by motor vehicle on the state highway between Williamsburg, Kentucky, and Corbin, Kentucky. On the 10th day of January, 1940, the appellee and plaintiff below, Maggie Davis, *Page 330 purchased a ticket for transportation of herself from Wil...
Views: 3
Affirming. The appellant has appealed from a judgment of $5,680 rendered against him in the Jefferson Circuit Court in favor of appellee for personal injuries, loss of *Page 298 time, wages, doctors' bills, etc., which appellee sustained as a result of being struck by appellant's automobile at Shelby and Walnut Streets in the city of Louisville. Appellant insists upon a reversal of the judgment o...
Views: 0
Denying writ. By this original proceeding in this court, the plaintiff seeks to prohibit Hon. Robert M. Coleman, Jr., Judge of the Eighth Judicial District of Kentucky, from carrying into effect a judgment entered in the Allen circuit court January 17, 1942. In its petition the plaintiff alleges that the defendant is acting outside of his jurisdiction, and the plaintiff has no adequate remedy at l...
Views: 0
Reversing. Appellant, defendant below, and appellee, plaintiff below, were married on the 5th day of November, 1931, and lived together until the 9th day of December, 1932. At the time of their marriage defendant was 14 years of age. In March, 1933, plaintiff instituted a suit for divorce in which he accused defendant of infidelity. On submission of that case, the court, refusing to grant him a di...
Views: 1
Affirming. This case involves an oil and gas lease on a 300-acre tract of land in Floyd County executed by Jonah Webb and his wife in 1908. The lease came into the hands of the Kentucky-West Virginia Gas Company, an appellee herein, some time after 1927, the time of the institution of this action. The lease was executed for a period of three years, but it was continued from time to time by agreeme...
Views: 0
Reversing. Appellant was indicted for the offense of malicious striking and wounding Jack Faulkner with a deadly weapon with intention to kill him, an offense defined by section 1166 of the Kentucky Statutes. The weapon charged to have been used was a pistol, but it was used not in shooting but in striking Faulkner on the head and inflicting two scalp wounds. Upon his trial appellant was convicted...
Views: 2
Affirming. About six o'clock in the morning of Monday, March 27, 1939, remnants of the body of Roy Barker were found strewn along appellee's railroad right of way at varying distances north of Bryant's crossing approximately one mile north of Lily, an unincorporated village in Laurel County. Some small particles of flesh were found under a wooden guide rail, and blood stains were seen on other por...
Views: 0
Reversing. The appellant, Willie Shepherd, appeals from a judgment sentencing him to the penitentiary for the burning of the barn of John Hughes. The principal contention on the appeal is that a verdict of not guilty should have been directed for appellant. The barn burned about 11 o'clock on the night of March 17, 1940. On that day John Hughes had been to Bosco to attend a trial in the Magistrate...
Views: 2
Affirming. In this action by appellant against the appellees, Arnett Purciful and Elmer Neff, for the wrongful death of appellant's decedent who was struck and killed by a taxicab operated by appellee Neff, the jury returned a verdict for appellees and from the judgment entered on that verdict this appeal is prosecuted. The first ground urged for reversal is that the verdict was flagrantly against...
Views: 0
Affirming. The appellee, Edward M. Riedling, doing business as the Riedling Lumber Company, brought this foreclosure suit against Alfred Blevins and wife, Leona, on a $1,500 note secured by a second mortgage on two pieces of real estate located on Young Avenue and on Hancock Street in Louisville. The defense was that the note had been satisfied by a writing the parties had previously signed on Dec...
Views: 1
Affirming. Appellant, Town of Mt. Vernon, a municipality of the sixth class, during the years 1938 and 1939 purchased of the appellee, General Electric Supply Corporation, certain articles of merchandise and electrical lighting equipment in the aggregate amount of some $1,745.25, which amount (by reason of certain installment payments made thereon by the town) was reduced on June 6, 1939, to the b...
Views: 0
Affirming. Appellant's decedent, a fourteen-year-old boy, died as the result of injuries sustained when he was dragged on his back a distance of approximately 352 yards with his right foot entangled in the bumper of appellee's automobile. There was no evidence showing that appellee was responsible for the contact which resulted in the entanglement or that he was guilty of negligence in the operati...
Views: 0
Affirming. The appellant brought this action in the Pulaski circuit court to recover of appellee damages for slander. For his cause of action appellant alleged that: "The plaintiff further states that on the 16th of July, 1940, Claude Hill, who was then and there the Acting Manager, agent and servant of the defendant, Kentucky Utilities Company, while acting in the general scope of his employm...
Views: 0
Reversing. In October, 1940, the Division of Income Tax of the Department of Revenue made deficiency assessments against the East Cairo Ferry Company in the amount of $974.82 for income taxes for the calendar year 1936 with six per cent interest thereon from May, 1937. The sum of $282.53 represented tax liability on income earned by the East Cairo Ferry Company in 1936 and the balance of $692.29 r...
Views: 0
Affirming. At the general election held in the 4th magisterial district in Johnson county in November, 1941, George Blanton, the Democratic nominee for magistrate, received a plurality of 7 votes over his Republican opponent, Trigg McKenzie, according to the tabulation and returns of the election commission. In due time McKenzie filed petition for a recount of the vote in the Flat Gap precinct. Su...
Views: 0
Affirming. Col. Robert G. Evans, then a resident of Boyle County, died the 5th of September, 1935. His will, dated August 2, 1935, probated in September, provided an expressed *Page 420 "desire" that Mrs. Evans, named executrix, "by way of remembrance" make suitable gifts to employes – he amounts to be determined by her. By the fourth item he gave the residue of his property to Mrs. Evans. On Jul...
Views: 1
Reversing. This case involves the constitutionality of Chapter 157 of the Acts of the General Assembly of 1940 entitled "An Act to promote the public welfare by providing aid to the needy blind." Section I of the Act defines "needy blind" as "a person or persons, who has no vision, or whose vision is so defective as to prevent the performance of ordinary activities for which eyesight is essential,...
Views: 4
Reversing in part and affirming in part. J.R. Jesse and John Blackburn owned and operated a sawmill outfit at Dock, Floyd County, Kentucky. They contracted with the defendant, F.M. Smith, to cut, haul *Page 410 and deliver logs to their sawmill for all agreed compensation. In carrying out his contract Smith employed laborers, bought material from one of the appellees (Burl Spurlock, a merchant in...
Views: 0
Affirming. In November, 1941, appellant and appellee entered into a written contract by the terms of which appellant agreed to purchase of appellee a certain tract of land in Bourbon County, Kentucky. By the terms of the contract appellant agreed to pay appellee a stipulated price per acre for the land after the survey had been made and the acreage ascertained, and appellee agreed to convey the la...
Views: 0
Affirming. The appeal is from a conviction of the crime of having carnal knowledge with her consent of a female under 18 years of age. Section 1155, Kentucky Statutes. The appellant, Ben Golden, submits that the verdict is flagrantly against the evidence. He was at the time 57 years old and an uncle by marriage of the prosecuting witness, living with his wife and three of his eight children severa...
Views: 2
Affirming. This is an appeal from the judgment of the Lyons Circuit Court denying Roy Stonefield a writ of habeas corpus. The petition was submitted in that court by agreement of the parties upon the record made in the District Court of the United States for the Western District of Kentucky and other pleadings and stipulations. The grounds for the writ are: (1) That petitioner was deprived of adeq...
Views: 0
Affirming. The appellants filed separate actions against the appellees to recover damages for injuries arising out of an automobile wreck. The actions were tried together and resulted in verdicts and judgments for appellees. Appellees docketed their appeals in this court on December 9, 1940, and on December 16, 1940, appellees moved to strike the bill of exceptions from the record. Briefs were not...
Views: 0
Opinion of the Court by Affirming. Tbe appellee and defendant below, Prudential Insurance Company of America, issued to tbe Louisville & Nashville Railroad Company a group or master policy by wbicb it agreed, upon certain specified terms, to in *414 sure the lives of the employes of the railroad company in amounts measured by the schedule of wages of the employes and oth...
Views: 0
Affirming. L.J. Ellis, died testate in August, 1940, a citizen and resident of Gallatin county, Kentucky. In his holographic will his wife, Matta S. Ellis, was nominated executrix. Being unable to determine what estate was devised to her by the will she declined to qualify as executrix; whereupon, Ohlen Stewart, plaintiff below, was appointed administrator with the will annexed. Matta S. Ellis dec...
Views: 0
Reversing. In October, 1940, the Division of Income Tax of the Department of Revenue made a deficiency assessment against the appellees, Henry F. Turner, Sr., and his wife, in the amount of $680.80 for income tax for the calendar year 1936. At the time appellees were notified of this assessment they were also notified that they were liable for $308.69 in taxes due from a liquidating corporation of...
Views: 1
Reversing. This is a contest of the will of Henry Howard, late of Bell County. The dismissal of an abortive appeal from a defective order of probate was affirmed in Howard v. Howard, 268 Ky. 552,105 S.W.2d 630. The county court cured the defect by a nunc pro tunc order and this contest followed. The probated instrument devised all the estate to testator's widow, Emma Howard, and his brother, Noah ...
Views: 2
Appeal denied; judgment affirmed. *Page 855 ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Appeal denied; judgment affirmed. ...
Views: 0
Reversing. This action was brought by the administrator to settle the estate of Carl Allender, who died intestate in January, 1939. The Federal Land Bank was made a party defendant by virtue of its mortgage lien of some $1,500 on the 71 acre tract of land owned by Allender. The bank answered and asked that its mortgage be adjudged a prior lien and superior to all others on the realty and that if i...
Views: 1
Reversing. We have this day decided in the case of Federal Land Bank v. Allender's Adm'r, 289 Ky. 565, 159 S.W.2d 1, a suit to settle an estate, that it was error to order the sale of the real property on which the bank had a mortgage, free of its lien. The facts in this case are substantially the same as those in the Allender case, with one exception, which will be discussed hereinafter. In that ...
Views: 0
Reversing. We have this day decided in the case of Federal Land Bank v. Allender's Adm'r, 289 Ky. 565, 159 S.W.2d 1, a suit to settle an estate, that it was error to order the sale of property on which the bank had a mortgage, free of its lien. The facts in this case are substantially the same as those in the Allender case. In that case we said that a fair determination of the question *Page 570 ...
Views: 0
Affirming in part and reversing in part. Appellant was divorced from appellee in May, 1934, by judgment of the Perry circuit court, in which it was decreed that he should pay her alimony in the sum of $60 per month so long as she remains single and unmarried. At the time of the rendition of that judgment both parties were residents of Perry county. Thereafter appellee removed from Perry county, an...
Views: 6
Affirming. *Page 450 This is the second appeal of this case. On the first appeal the judgment was reversed because the court failed to give an instruction offered by plaintiff submitting one of its theories of the case. Black Motor Company v. Howard, 277 Ky. 638, 126 S.W.2d 1092. On the second trial the jury again returned a verdict for the defendants, and the plaintiff appeals. The principal gr...
Views: 0
Affirming. The appellant, John McElwain, was convicted of the crime of malicious shooting and wounding with intent to kill, and his punishment was fixed at imprisonment for a term of 21 years. On this appeal he seeks reversal of the judgment because (1) the trial court erred in failing to grant him a continuance; (2) the evidence is insufficient to sustain the verdict; (3) the court erred in exclu...
Views: 3
Reversing. *Page 437 Otis Scott appeals from a judgment of conviction of voluntary manslaughter and fifteen years' imprisonment for the killing of James Brock. A reversal is sought on the ground that the court committed error in limiting the defendant's right to shoot and kill to the defense of himself against danger of death or harm at the hands of Brock alone instead of against him and his comp...
Views: 6
Affirming. Lawrence A. Sanders was employed by the Columbus Mining Company as a coal loader at the time he suffered an injury to his stomach in October, 1937. The final determination of Sanders' case by the Workmen's Compensation Board in December, 1939, was that he was totally and permanently disabled to perform manual labor. He was awarded maximum compensation on the basis of 85 per cent of his ...
Views: 0
Affirming. This action was filed by appellant against appellee, Lewis Dry Cleaning System, Incorporated, and Claude W. Penn, for damages sustained in an accident which occurred at 2 o'clock A. M. Sunday, the 19th day of November, 1937, resulting in injuries to appellant necessitating the amputation of his left leg at the knee. It is alleged in the petition that plaintiff had brought his car to a s...
Views: 0
Affirming in part and reversing in part. The appellant, Charles L. Hart, as the builder of certain streets in Central City in 1926, accepted in part payment improvement bonds secured by liens on property chargeable with the cost of construction and has continued to own them. In this suit against Central City, he seeks to recover certain sums representing the balance of the bonds he has not been ab...
Views: 0
Affirming. In February, 1920, T.J. Reed, a citizen of Fulton county, Kentucky, executed and delivered to his wife, Mintie Reed, a deed of conveyance to a tract of land in Fulton county, Kentucky. Omitting the caption, etc., it reads: "I, T.J. Reed, do hereby sell, grant and convey by this deed, and which is a deed of gift, but subject to my personal use and benefit during the balance of my nat...
Views: 0
Affirming. The appellant was indicted for the murder of Ona. Hunt, convicted of voluntary manslaughter, and sentenced to five years imprisonment. He appeals, urging that the evidence was insufficient to take the case to the jury, and that in any event, the Court committed reversible error in failing to instruct the jury on involuntary manslaughter. Ona Hunt and the appellant were first cousins, an...
Views: 4
Affirming. In the years 1933 to 1937, both inclusive, appellee, City of Hopkinsville, a city of the third class, enacted certain ordinances termed "privilege ordinances" by which it imposed a license or privilege fee on various businesses including bank and trust companies doing business in the city. The appellants, Planters Bank Trust Company of Hopkinsville, and the First-City Bank Trust Compa...
Views: 0
Affirming. Appellee was plaintiff below; appellants were defendants. Appeal is from judgment following a verdict awarding appellee $7,000, subject to a credit paid during the course of litigation, in the case of Corn. Life Ins. Co. v. Adam and Lulie W. Vogt, et al. In order to bring contested points to the forefront it is necessary to state, substantially, the nature of and proceedings in the then...
Views: 0
Reversing. Lincoln Eversole, at the time of his death, intestate, on June 29, 1938, was a resident in and a citizen of Perry County. He was about 76 years of age and resided alone upon a tract of land containing about 500 acres which he claimed as his own. He left no children or descendants and his wife died many years before he did. Some relatives (nieces and nephews) residing near his home, cont...
Views: 0
Reversing. This is a second appeal of this case and as the facts are fully stated in the first opinion reported in 279 Ky. 799,132 S.W.2d 334, they will not be repeated except insofar as the evidence on the trial from which this appeal is taken differs from that introduced on the first trial. The judgment appealed from is for the same amount as was entered on the first trial, $4,000. A reference t...
Views: 1
Affirming. J.B. Birdsong and his brother, C.D. Birdsong, were *Page 522 jointly indicted for the murder of Ollie Dunningan. Upon a separate trial, J.B. Birdsong was convicted and his punishment was fixed at life imprisonment. He asks that the judgment be reversed because: (1) a directed verdict should have been given in his behalf; (2) the verdict is flagrantly against the evidence; (3) incompete...
Views: 2
Reversing. In August, 1940, the appellant, Mayme Savage, brought this action in the Greenup circuit court against the appellee, George Savage, seeking a limited or partial divorce (from bed and board), alimony, "maintenance sufficient to support herself and their three minor children" and their permanent care and custody. Plaintiff in her petition stated that she and the defendant, George Savage, ...
Views: 0
Affirming. The appellant, Atlas Coal Company, appeals from a judgment affirming an award of the Workmen's Compensation Board, by which appellee, Charles D. Nick, was awarded fifty per cent permanent partial disability as a result of a compression fracture of the fourth lumbar vertebra Which the Board found appellee to have sustained as a result of an accident in appellant's mine. *Page 502 Ground...
Views: 0
Affirming. At the time in controversy the Kentucky State Highway Department was engaged in the construction and widening of U.S. Highway No. 31-W out of Louisville and as a part of this project required the appellee, Louisville Gas and Electric Company, to remove its pipe line from the east to the west side of the highway. In removing this pipe dirt was necessarily thrown by the side of the ditch ...
Views: 0
Appeal denied; judgment affirmed. *Page 854 ...
Views: 0
Reversing. Appellant was convicted of the crime of stealing chickens valued at more than $2 and sentenced to serve 2 years in the penitentiary. His grounds for reversal are (1) the evidence was not sufficient to submit the case to the jury; (2) failure of the court to sustain the defendant's objections to the introduction of incompetent testimony. The first complaint is not, and cannot be argued w...
Views: 0
Affirming. This action was instituted by the appellee, Lois Outland Thurman, individually and as guardian, against the appellants to secure the Court's consent to a sale to the United States of America of the flowage easement or right to flood and otherwise utilize, in connection with the operation of the Gilbertsville Dam, a portion of a one hundred acre tract of land jointly owned by the infant ...
Views: 0
Opinion of the Court bt Reversing. WitMn eighteen months following the death of Charles A. Wood, the executrix of his will filed with the State Tax Commission an inheritance tax report showing the items composing his estate and the valuations placed by her thereon. Accompanying the report was the check of the executrix for $155.60, the tax due, calculated upon the valuations given. The check ...
Views: 2
Reversing. Upon the legal presumption of death, an administratrix was appointed for the estate of Charles Smith and she recovered judgment against the appellant for $290 on a life insurance policy issued June 30, 1930. The petition may be regarded as sufficient to rest a claim upon the common law rule of presumptive death. It is conceded the evidence does not bring the case within the terms of Sec...
Views: 0
Reversing. Will A. Blades died intestate August 8, 1939, and left surviving him his widow, Mrs. M.E. Blades, the appellant, and six children by a former marriage. About a week after his death the widow went, or was taken by some of the children, to the court house to have an administrator appointed, and the Farmers National Bank of Princeton, Kentucky, was appointed in that capacity. Shortly there...
Views: 0
Reversing. This suit was brought by Jacob Bailen against George Aboud and Jaleeleh Aboud to enjoin them from obstructing a passway leading to the rear of plaintiff's property. The defendants counterclaimed and asked that the plaintiff be enjoined from obstructing a portion of the same passway to the use of which the defendants are entitled. Upon submission of the case the chancellor enjoined the d...
Views: 4
Reversing. The appellee, E.L. Cundiff, was elected county judge of Casey county at the November, 1929, election for the term of four years beginning the first Monday in January, 1930, and he was re-elected at the November, 1933, election for the four year term beginning the first Monday in January, 1934. In October, 1938, he presented to the fiscal court of Casey county a claim for $3,600 for serv...
Views: 0
Reversing. The cause of action was for damages growing out of injuries allegedly sustained by appellee as a result of being struck in the face by a shoe at the hands of appellant on the 4th day of October, 1937. The petition was filed on the 4th day of October, 1938. Section 2516, Kentucky Statutes, provides that an action for personal injuries shall be commenced within one year next after the cau...
Views: 0
Affirming. On petition of appellant, C.V. Oakley, a writ of habeas corpus was issued, directed to the sheriff of Christian County who then had the appellant in custody. In response to the writ appellee filed as his justification for holding the appellant under arrest a warrant issued by the Governor of Kentucky pursuant to Section 1926 of the Kentucky Statutes. This warrant recited that demand had...
Views: 1
Affirming. Appellant, John Horn, was indicted by the grand jury of Estill county wherein he was accused of the offense denounced in Section 1164 of Baldwin's 1936 Revision of Carroll's Kentucky Statutes; i. e., feloniously breaking and entering the storehouse of the Petroleum Exploration (presumably a corporation) with intent to steal therefrom. At his trial, under a plea of not guilty, he was con...
Views: 8
Reversing. The principal question involved in this case is whether or not Chapter 183 of the Acts of 1940, Sections 4302a-2 to 4302a-12, inclusive, of the Statutes Supplement 1941, should be construed as giving to fiscal courts the power to open and establish public roads and to institute condemnation proceedings to acquire land for such purposes, or only to give them the power to institute condem...
Views: 0
Reversing. The appellant has appealed from a judgment of the Pulaski circuit court sentencing him to the penitentiary for a term of fifty years under an indictment charging him with the crime of rape of a female under 12 years of age. In brief of appellant a number of alleged errors are insisted on for reversal of the judgment, one of which is that the court erred in admitting to the jury incompet...
Views: 1
Affirming. The appellants were convicted of grand larceny and sentenced to two years in the penitentiary. Samuel Walker, indicted and tried with them, was acquitted at the conclusion of the testimony under peremptory instructions from the Court. It is insisted by appellants that they likewise were entitled to directed verdicts because of the insufficiency of the Commonwealth's evidence, and that i...
Views: 1
Affirming. The grand jury of Bourbon county, Kentucky, returned an indictment against the appellant (defendant below), Silas Hinkson, Jr., Frank Waugh, and Robert Fryman, charging them jointly with the crime of grand larceny. It was charged that they did take, steal, and carry away certain antiques of a value more than $20, the personal property of Mrs. Ed Simms. Upon a separate trial the defendan...
Views: 0
Affirming. The grand jury of Knox County returned a true bill charging appellant with the crime of voluntary manslaughter, *Page 591 alleging that Payne wilfully and feloniously, in sudden affray, etc., without malice, struck one Glenn Helton with his fist, hands and feet, causing him to fall and strike the pavement with such violence as to cause his death. A demurrer to the indictment was overru...
Views: 3
Reversing. In 1914, J.W. Webb and his wife executed an oil and gas lease to a predecessor of the Kentucky-West Virginia Gas Company on a 425-acre tract of land. The appellants inherited the land from the original lessors. While all of the area is in one boundary, it is virtually cut in two by a 93-acre tract of land known as the Bright tract, on which there are three producing gas wells. Prior to ...
Views: 0
Affirming. Chester Goldy is appealing from a judgment in a bastardy proceeding finding him guilty and directing that he pay to Lacie Walton, the prosecuting witness, the sum of $120 a year for 16 years for upkeep of Lacie's infant child. Goldy is a married man and has two young sons. For several years he has been a tenant farmer in Jessamine County. He is distantly related to the prosecuting witne...
Views: 0
Opinion op the Court by Affirming-. Appellee, Boyd Witt, is the owner of a g-arage furnishing wrecker service in Richmond, Kentucky. Shortly after midnight on the morning of June 18, 1939, his wrecker was engaged to pull a truck from a ditch about 6% miles south of Richmond. The wrecker was in charge of appellee’s employee, Charles McKnight, who was accompanied to the scene of the accident by...
Views: 1
Reversing. The question is whether the heirs and remote vendees of Kathlena Slone are entitled to one-fourth of the rents and royalties from an oil and gas lease of 92 acres *Page 624 of land. The answer depends upon the construction and effectiveness of an exception contained in a deed. Sarah Slone, the owner of the land, died long prior to 1910, leaving as her heirs her children, Arland, M. D.,...
Views: 3
Affirming. The appellant, Duke Lewis, and his wife, Elizabeth, were married in March, 1933. He was twenty-one and she sixteen years old. They went to live in the home of his parents on a farm near Burkesville and remained there during their married life of six years. Appellant's father is a well-to-do farmer and business man. In December, 1936, he deeded his son a farm near by, and while each of t...
Views: 3
Reversing. This appeal is from a judgment reforming a deed on the ground of mutual mistake, in an action filed by appellee, Margie Noe, against appellants, Millard Sutton and Stella Sutton. The deed was executed to appellants in 1929 by appellee and her brother, John D. Lewis. Appellee's brother later conveyed to her his undivided interest in the land adjoining and surrounding that which was conve...
Views: 0
Affirming. The case involves the custody of a child. When Mrs. Pansy Davis was divorced from John T. Davis on January 31, 1939, the custody of their one-year-old child was awarded her, and the father was given the right to see and be with him at the home of his mother or of some mutual friend at least twice a week and more if mutually convenient, and "as the child matures to take the child to his ...
Views: 1
Affirming. This action was instituted by the appellant administrator to recover damages for the death of his decedent occasioned by the latter's head coming into contact with a corner of the body of a trailer truck owned by the appellee, Silver Fleet Motor Express, and at the time being operated by the appellee, Edward Barrow. The accident occurred between 6:30 and 7 o'clock P. M., after dark, on ...
Views: 2
Affirming. *Page 668 The appellant was convicted in the City Court of Madisonville and fined $25 for peddling without a license in violation of a city ordinance. On appeal to the Circuit Court he was fined $10. He has appealed to this Court, asserting that we have jurisdiction by virtue of Kentucky Statute, Section 3519 relating to fourth class municipalities, which, in part, provides that where ...
Views: 0
Reversing. *Page 629 In the city of Paris, at about midnight between the 4th and 5th days of December, 1940, appellant, Troy Patton, shot and fatally wounded Clifton Arnsparger, deputy sheriff of Bourbon county. At the time of the shooting appellant was accompanied by his brother, Dennis Patton. He was indicted for murder on the 10th day of March, 1941, which was the first day of the next regular...
Views: 1
Reversing. This appeal is from a judgment sentencing the appellant, Allen Slone, to the penitentiary for life for the murder of Jack Triplett. Grounds urged for reversal of the judgment are 1) that the verdict was flagrantly against the evidence 2) improper argument by attorney for the Commonwealth and 3) error in failing to define the term "sudden affray" contained in the voluntary manslaughter i...
Views: 0
Affirming. The one question involved in controversy upon this appeal is the one raised as to what is the proper construction of that part of the deed whereby the grantors, *Page 670 P.W. Bottom and wife, conveyed the ninety-five and a fraction acre tract of land here involved to Dr. John Patterson and "Cora White and her bodily heirs." Only that part or one-half portion of this tract of land whic...
Views: 0
Appeal denied; judgment affirmed. *Page 1 ...
Views: 0
Affirming. The appellee, a sixty-nine year old physician, recovered a verdict of $1,000 against appellant for pain and suffering, loss of time, and damages to his automobile resulting from a collision between one of appellant's freight trains and the automobile at a public road crossing in Anderson County in the vicinity of Lawrenceburg, where he resided. The accident occurred on November 2, 1939,...
Views: 2
Reversing. Mart Lunce appeals from a judgment of conviction of the crime of grand larceny by having unlawfully taken, driven or operated an automobile without the knowledge and consent of the owner. Section 2739g-58, Statutes. W.H. Collett, the owner, left a "pick-up" truck near the "Park Club" where there were a number of people and other cars while he went into a nearby pasture to milk his cows ...
Views: 0
Affirming. Appellant was convicted of the crime of maliciously shooting and wounding Miram Cochran and sentenced to serve two years in the state reformatory. He contends that the verdict of the jury is contrary to law and is not sustained by sufficient evidence. As in most criminal cases presented to this court, the evidence introduced by the commonwealth is diametrically opposed to that introduce...
Views: 0
Affirming. The appellant, Charles Steinmetz, by his mother and next friend, Madlene Steinmetz, instituted this malpractice action against the appellee, Dr. Heman Humphrey, and at the close of all the evidence a verdict was directed for the appellee. Hence this appeal. On August 21, 1939, Charles Steinmetz, seven years of age, stepped on a broken glass jar and sustained a deep cut in his foot. A ph...
Views: 3
Affirming. This action was instituted by appellees who claim to be the Trustees of the Holiness Church South of Louisville, against appellants and others, comprising the congregation of the Local Church of the United Pentecostal Council of the Assemblies of God; and involves the title to a lot and small church house which formerly was the place of worship of all the parties to the action previous ...
Views: 0
Affirming. This suit, brought under the Declaratory Judgment Act, Section 639a-1 et seq., Civil Code of Practice, involves the construction of that part of Section 2243, Kentucky Statutes, which prescribes the procedure for drawing juries in courts having continuous sessions. The appellant, B. Irby Moore, brought the action against John H. Alsmiller, clerk of the Jefferson circuit court, and asked...
Views: 1
Affirming. In August, 1935, the city of Covington, suing for itself and on behalf of all resident gas consumers of the city, brought its action in the Kenton circuit court against the Union Light, Heat and Power Company seeking to recover of the company a refund on rates paid for gas under the provisions of certain interrelated gas *Page 696 franchises, ordinances, etc., granted and enacted by th...
Views: 1
Reversing. The appeal is from a judgment in favor of the appellee, George M. Wells, for $250 a month for a period of 6 years, 4 months and 21 days from July 1, 1933, to November 21, 1939, which aggregated $19,158.27. If affirmed, the appellee would be entitled to recover subsequently accruing sums. The action is for breach of contract of employment *Page 702 as a conductor made in plaintiff's beh...
Views: 1
Reversing. In the suit below appellant was defendant, and named appellee and one other, plaintiffs, who sued for the benefit of other persons similarly situated, a number of whom, 75 or more, came into the case by intervening petition. Original petition was filed in August 1936; intervening petitioners filed in November 1940, and judgment was rendered a year later. Why the delay is not shown. Plai...
Views: 3
Affirming. The appellants, who are the owners of certain stock of appellee, a corporation, hereinafter called the company, brought this action under the provisions of the Declaratory Judgment Act, Civil Code of Practice, Section 639a – 1 et seq., seeking a declaration of the rights of the parties with respect to the right of the company to carry into effect a proposed plan of recapitalization of t...
Views: 0
Opinion op the Court by Affirming. This is a contest of the will of L. R. Murray, an aged colored man; and the sole ground for a reversal urged by the infant beneficiary and his mother is that the jury’s verdict in favor of the contestants was not sustained by sufficient evidence. We have read the testimony and found no basis for that contention. The will, which omitted all reference to Mur...
Views: 0
Affirming. On November 14, 1936, the appellant, George C. McCool, acquired an oil and gas lease covering approximately 5,000 acres of land in Carter County, known as the Bennett land. Needing capital to develop the lease, he assigned an approximate one-half undivided interest therein to William O'Brien on Aug. 10, 1939, and they agreed to develop it as partners. For the purpose of this opinion, it...
Views: 0
Reversing. This proceeding is an effort on the part of the appellant, Harrison Stout, to procure from our Workmen's Compensation Board an award compensating him for injuries he received on June 3, 1937, while working as a miner for appellant and defendant below, Elkhorn Coal Company, at one of its mining operations at Kona, Letcher County, Kentucky. The Board dismissed appellant's application for ...
Views: 0
Dismissing petition. On January 20, 1939, M.C. Shuman, a dentist in Cincinnati, Ohio, filed an action in the Kenton Quarterly Court against petitioner, William Doyle and his wife seeking the recovery of a judgment against them for $180, the amount of alleged professional services rendered to petitioner's wife and codefendant, Ann Doyle. At that time the defendants in the action were separated and ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 787 Reversing. This appeal is from a judgment of the Jefferson Circuit Court entered on a verdict of $1,650 in favor of George P. Butler, against the appellant, Louisville Baseball Club. On Aug. 20, 1939, Butler attended a double header game in appellant's pa...
Views: 2
Affirming. Claiming that by virtue of its contract to furnish the "first class" printing of the Commonwealth and the constitutional provision and statutory enactments, pursuant to which the contract was executed, it is entitled to print and charge for various departmental forms and other documents produced in several of the State departments through the use of multilith and multigraph machines, th...
Views: 0
Reversing. This action was instituted by Eli Simons, doing business as the Kentucky Distillers Wholesale Liquor Company, to enjoin the members of the Kentucky State Alcoholic Control Board from revoking his permit as a wholesale liquor dealer for alleged violations of the Distilled Spirits And Wine Fair Trade Act (Chapter 13 Acts of 1940, now Section 2554e-1 et seq., Kentucky Statutes, Baldwin's 1...
Views: 3
Reversing. On March 18, 1938, appellant issued an industrial policy providing for payment of $250 upon the death of Edna Williams, to the beneficiary, appellee, a daughter of the insured. About one year after the issuance of the policy insured died, and the insurer declining to pay, beneficiary instituted suit to recover. Insurer admitting the issuance of the policy denied that the proof of loss w...
Views: 0
Affirming. The appellant, Edna Mae Davis, filed a petition in equity on September 23, 1940, against the appellees, Richard and Rebecca Harris, to obtain the custody of an infant child which she alleged was her own and was being detained by the Harrises without her consent and without their having adopted her legally. She further alleged that she was able to support the child and that the Harrises ...
Views: 0
Reversing. The appellant, Bob Armstrong, has been convicted of aiding and abetting one Warren H. Belt in the commission of the crime of malicious striking and wounding another with a deadly weapon with intent to kill. His punishment was fixed at imprisonment for a term of two years. Warren H. Belt, Lewis Bagley, Tye A. Cobb, and appellant were indicted jointly and were accused of striking and woun...
Views: 2
Reversing. In October, 1934, a mortgagee and other creditors of Weedin L. Tipton, deceased, sued his widow, Weeda Tipton, his four children (under fourteen years of age) and the administrator, seeking a settlement of his estate and a sale of his land, consisting of 75 acres, for the payment of debts. In June, 1936, it was sold for $635, the sale confirmed and a deed executed by the court. Under pe...
Views: 0
Reversing. Appellants are the widow and infant heirs of Boyd Jones and have prosecuted this appeal from a judgment of the Leslie circuit court dismissing their petition to set aside and declare void certain deeds made to appellees by the master commissioner of that court in the year 1932, pursuant to 2 proceedings and judgments entered against them in the year 1931. The properties conveyed by the ...
Views: 0
Opinion op the Court by Affirming-in part and reversing in part. This appeal is from a judgment entered on a verdict fixing the damages at $1,800 in an action filed by the Commonwealth to condemn approximately four acres of land as a right-of-way for the construction of a highway. The petition for condemnation was filed in the county court December 21, 1939. Commissioners appointed by the c...
Views: 0
*764 Opinion op the.Court by Affirming. Fred Bowens sued Richmond Amburgey and wife and Brownlow - Hall and wife seeking to enjoin them from obstructing a passway and for judgment for damages. He appeals from an adverse judgment. Bowens owns 75 acres of land a quarter of a mile up Gum Hollow from a highway. A branch runs down the hollow and empties into Breeding Creek at or near the highw...
Views: 0
Reversing. On and prior to January 1, 1926, there existed a public school district in Guthrie, Ky., for colored pupils, with Mose Marshall, William Johnson and Dan Kenner, colored patrons thereof, as its trustees. On the day indicated one T.P. Norris and wife conveyed a vacant lot (166 x 160 feet) to the trustees and their successors in office for a school building lot, and followed up their conve...
Views: 0
Affirming. These two cases have been consolidated, and will be disposed of in one opinion. On March 28, 1940, Eli Wiltshire filed in the Warren circuit court a petition in equity against the city of Bowling Green and its board of councilmen in which he sought reinstatement as a policeman of the city of Bowling Green and recovery of his salary of $100 per month from December 19, 1939, the date on w...
Views: 0
Reversing. This suit was instituted in the Laurel circuit court on May 15, 1941, by appellant, Wm. Reams, against Laurel County for the specific performance of a contract made between them on January 10, 1935. The facts leading up to the execution of the contract, as disclosed by the record, are as follows: In June, 1934, the State Highway Commission decided to improve and reconstruct what was the...
Views: 0
Reversing. The indictment returned by a grand jury of Bourbon county charged the appellant and his brother, Troy Patton, with murder in 3 counts. The first charged the defendants jointly with shooting and mortally wounding Clifton Arnsparger; the second charged that Troy Patton fired the fatal shot and that Dennis Patton maliciously aided and abetted him in so doing; the third charged them with en...
Views: 1
Reversing. The defendants, C.B. and W.W. George, are the owners of the St. George Hotel located in Winchester, Ky. By a written contract dated March 15, 1939, they *Page 835 leased this hotel for a period of two years to the plaintiffs, George C. Green and wife, Marguerite, who operated same for about sixteen months. There were certain business establishments on the ground floor of the building a...
Views: 3

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up