Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 5; Volume 153 |
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Page 20
... possession of a chattel or the right to immediate possession thereof , he may maintain an action in trover for its conversion . Remedies - Rule as to Prosecution of Remedial Right - Bar - Elec- tion . The general rule is that the ...
... possession of a chattel or the right to immediate possession thereof , he may maintain an action in trover for its conversion . Remedies - Rule as to Prosecution of Remedial Right - Bar - Elec- tion . The general rule is that the ...
Page 23
... possession of property , until after demand for its return and a refusal thereof ; and as appellee neither alleged a demand in its petition nor proved it , the judgment should have gone peremptorily for the appellant . The rule is that ...
... possession of property , until after demand for its return and a refusal thereof ; and as appellee neither alleged a demand in its petition nor proved it , the judgment should have gone peremptorily for the appellant . The rule is that ...
Page 24
... possession of another , a refusal by the latter to deliver it to the owner on his de- mand is necessary to constitute a conversion of it , and therefore the petition , in an action for its conversion , must contain an allegation of such ...
... possession of another , a refusal by the latter to deliver it to the owner on his de- mand is necessary to constitute a conversion of it , and therefore the petition , in an action for its conversion , must contain an allegation of such ...
Page 25
... possession or enjoyment of the property . In view of the Ohio authorities upon the point , we conclude that a further prosecution of this inquiry is not necessary for the decision of this case . But if there were any doubt upon the ...
... possession or enjoyment of the property . In view of the Ohio authorities upon the point , we conclude that a further prosecution of this inquiry is not necessary for the decision of this case . But if there were any doubt upon the ...
Page 32
... possession , if the possession were to become vacant , and not the cer- tainty that the possession will become vacant , before the estate limited in remainder determines , universally dis- tinguishes a vested remainder from one that is ...
... possession , if the possession were to become vacant , and not the cer- tainty that the possession will become vacant , before the estate limited in remainder determines , universally dis- tinguishes a vested remainder from one that is ...
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Common terms and phrases
action agent alleged amount answer appellant appellant's appellee April 22 attorney authority bank Bell County bond Breathitt County carrier charge Circuit Court claim commissioner common carrier Commonwealth Commonwealth's attorney Constitution construction contract conveyed county court county judge COURT BY JUDGE damages death debt decedent deed defendant demurrer duty election employe entitled evidence executed fact fee simple fence filed ground held indictment infant injury instruction interest issue jury Kentucky Statutes killed land liability Louisville March 28 ment mortgage negligence opinion option law ordinance Owensboro owner paid parties Perry County person petition plaintiff pleaded proceedings prosecution purchase purpose question railroad company reason received record recover refused rule sold statute of frauds suit sustained testator testified thereof tion tract trial court trustee verdict wife witness
Popular passages
Page 371 - If any one proposition could command the universal assent of mankind, we might expect it would be this — that the government of the Union, though limited in its powers, is supreme within its sphere of action.
Page 371 - States, which shall be made in pursuance thereof shall be the supreme law of the land," and by requiring that the members of the State legislatures and the officers of the executive and judicial departments of the States shall take the oath of fidelity to it.
Page 32 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 367 - ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier...
Page 608 - An unconstitutional act is not a law; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed.
Page 368 - That in any action brought against any common carrier under or by virtue of any of the provisions of this Act to recover damages for injuries to, or the death of, any of its...
Page 735 - ... a verdict in favor of the defendant, on the ground that the...
Page 235 - Upon any agreement, that is not to be performed within one year from the making thereof...
Page 734 - State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed: Provided, That nothing in this...
Page 466 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.