Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 167 |
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Page iii
... held to fill the vacancy . b Elected November 2 , 1915 , to fill out unexpired term of Hon . John M. Lassing , resigned , and succeeds Hon . J. B. Hannah , who was ap- pointed to succeed Judge Lassing until an election could be held to ...
... held to fill the vacancy . b Elected November 2 , 1915 , to fill out unexpired term of Hon . John M. Lassing , resigned , and succeeds Hon . J. B. Hannah , who was ap- pointed to succeed Judge Lassing until an election could be held to ...
Page 3
... held to be a reversible error . But , as the case will have to be retried , it is proper to consider at least one of the other alleged errors , in order that it may hereafter be avoided . 2. Appellant insists that its motion for a ...
... held to be a reversible error . But , as the case will have to be retried , it is proper to consider at least one of the other alleged errors , in order that it may hereafter be avoided . 2. Appellant insists that its motion for a ...
Page 8
... held that to authorize a recovery in cases like this , it is not essential that there should be direct evidence from the mouths of eye witnesses to the oc- currence ; that the manner in which the accident hap- pened , as well as the ...
... held that to authorize a recovery in cases like this , it is not essential that there should be direct evidence from the mouths of eye witnesses to the oc- currence ; that the manner in which the accident hap- pened , as well as the ...
Page 20
... held on the grade and same was released by other cars of the master attached to a train which was shoved against it , held , the evidence sufficient to take the case to the jury on the question of the master's negli- gence . Death ...
... held on the grade and same was released by other cars of the master attached to a train which was shoved against it , held , the evidence sufficient to take the case to the jury on the question of the master's negli- gence . Death ...
Page 35
... held that where one becomes bail for another , he is responsible only for the demand contained in the suit . Another demand cannot be added without defeating the contract of bail . Bean v . Parker , 17 Mass . , 602 ; Langly v . Adams ...
... held that where one becomes bail for another , he is responsible only for the demand contained in the suit . Another demand cannot be added without defeating the contract of bail . Bean v . Parker , 17 Mass . , 602 ; Langly v . Adams ...
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acres action adverse possession affirmed alleged amended amount appellant appellant's appellee appellee's attorney bill of exceptions bond cause charge Circuit Court claim Commonwealth Commonwealth's attorney Constitution contract contributory negligence corporation counsel COURT BY JUDGE damages decedent December 17 Decided December deed defendant demurrer duty entitled evidence executed fact filed fraud further ground guardian guardian ad litem Harrod held indictment injury issue John McCain judgment jury Kentucky Statutes killed land levied liability lien Louisville M. M. LOGAN machines malice aforethought ment mortgage motion negligence notice Noyes Manufacturing Company opinion overruled owner paid pany party patent payment pellant pellee peremptory instruction person petition plaintiff possession purchase purpose question reason record recover reversed rule suit supra surety sustained taxes testator testified testimony therein thereof tion track tract trial court trust turntable verdict witness
Popular passages
Page 702 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 825 - Constitutes a Holder in Due Course. A holder in due course is a holder who has taken the instrument under the following conditions: 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person...
Page 48 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 291 - It has long been the settled doctrine of this court that a new trial will not be granted on the ground of newly discovered evidence, unless it seems to the court probable that it might alter the verdict: Snowman v.
Page 744 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Page 189 - The fact that this notice was given after an attempt to settle the claim had been made, was to be considered by the jury in connection with the other evidence...
Page 177 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership ; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 825 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 354 - The jurisdiction of the courts of the United States under this Act shall be concurrent with that of the courts of the several States, and no case arising under this Act and brought in any state court of competent jurisdiction shall be removed to any court of the United States.
Page 788 - Constitution, shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale...