Affirming. In the latter part of April, 1926, Dr. W.J. Zinn died intestate and a resident of Grant county. He was about 94 years of age and a bachelor. He resided on a small farm, containing about 55 acres, distanced some 5 or 6 miles from Williamstown, the county seat of the county. His only heirs were some nieces and nephews, or descendants of any of them who may have died. Under our inheritance statute (Ky. Stats. secs. 4281a1 et seq.) the estate would be divided into five parts, each part...
Affirming. Appellant was convicted of manslaughter under an indictment charging him and his son, Frank Young, with the murder of Ed Bingham. The indictment in the first count charged a conspiracy, and in the second count it charged alternately John Young and Frank Young as principal and the other as aider and abettor. The court in the instructions submitted to the jury all these phases of the case. Appellant's punishment was fixed at confinement in the penitentiary for a period of 2 years. His...
Affirming. The appellants, who were the plaintiffs below, own a large tract of land on the Sandy river south of Pikeville *Page 704 between Pikeville and Shelbiana. In 1923, the state highway department decided to run the Mayo Trail through this farm. As the appellants were unwilling to donate the necessary ground for that purpose, and as they were unable to agree with the proper authorities on the amount they should be paid for such ground, condemnation proceedings were instituted in the Pike...
Affirming. On April 25, 1924, the appellant, Mrs. George Ann Yankey, and her daughter, the appellee, Mrs. Woodsie Clark, entered into the following contract: "This contract or agreement made and entered into this April 25, 1924, by and between Mrs. George Ann Yankey, party of the first part, and Mrs. Woodsie Clark, party of the second part, the post office address of both of said parties being Mackville, Washington county, Ky., witnesseth: "That whereas Mrs. George Ann Yankey desires a...
Affirming. Appellant brought this suit against the appellee, alleging in his petition these facts: He is a regular licensed practicing attorney, a citizen residing at Mayfield, Ky., and has always enjoyed a good reputation; he was one of the election officers in ward 1, precinct 2, at Mayfield, in the primary election held August 7, 1926; thereafter a contest was filed in the Graves circuit court by Garth K. Ferguson against W.V. Gregory contesting the nomination of Gregory for representative...
Reversing. The W.T. Rawleigh Company, a corporation engaged in the manufacture of medicines and cosmetics, located at Freeport, Ill., sued Roy Applegate as principal and E.C. Thoroughman and F.A. Applegate as sureties to recover a balance of $680 due it on sales of merchandise made by it to Roy Applegate. Various defenses were interposed by the parties, which will be presently noted. The case was heard and tried by the court, who rendered judgment in favor of plaintiff against Roy Applegate for...
Reversing. Mrs. Cora E. Taylor brought this action against the W. T. Grant Company to recover damages for malicious prosecution. There have been three trials. On the first trial the jury returned a verdict in favor of the plaintiff for $6,000, and on the second trial there was a verdict in her favor for $25,000. Both verdicts were set aside by the trial court. It appears that in each instance the verdict was set aside and a new trial granted because the damages were excessive. On the third...
Reversing. H.W. Wheat instituted an action against C.C. Scott to recover a balance of $400 alleged to be due on a promissory note, and to enforce a chattel mortgage given to secure it. Scott interposed a plea of payment. The court entered an order requiring Scott to make his answer more definite, which he declined to do, and thereupon the court struck his answer from the record, and rendered judgment for the plaintiff. Scott appealed to this court, and the judgment was reversed. Scott v. Wheat,...
Reversing. Goalder Johnson is a farmer of Fulton county, and W. R. Craig Co. are cotton brokers of New York, and members of the New York Cotton Exchange. They operated a branch office at Memphis, which was in charge of an employee named L.W. Magruder. Beginning in December, 1923, and continuing to February 1, 1924, Johnson had purchased and sold through Craig Co. considerable quantities of cotton for future delivery. On the latter date instructions were given by Johnson through Magruder to...
Affirming. James Wooton seeks by this appeal to reverse a judgment denying him compensation for the loss of an eye. On Monday, March 15, 1926, James Wooton entered the employment of the Sapphire Coal Company as a coal loader, and it is claimed by him that about 3 p. m. on Wednesday the 17th, while he was engaged in his *Page 316 work, he got a piece of coal in his eye. Within a few minutes after this happened, J.E. Brown, the foreman in charge of the work, happened along, and Wooton explained...
Reversing. The appellants, George T. Wood and Richard V. Wood, two members of a three-member partnership consisting of Robert B. McDowell, George T. Wood, Jr., and Richard V. Wood, doing business as brokers under the firm name of George T. Wood Son, were indicted and convicted in the Jefferson circuit court under chapter 106 of the Acts of 1922, being sections 1376k1, 1376k-2 Kentucky Statutes, 1926 Supplement; the punishment of each being fixed at confinement in the penitentiary for a period...
Affirming. Dora Wood, suing by her statutory guardian, Lincoln Bank Trust Company, having been by the trial court denied the relief sought, has appealed. Harry I. Wood was for many years engaged in the electrical supply and installation business in the city of Louisville. He had several policies of insurance on his life. Among these was a $2,500 policy in the New York Life Insurance Company, which was payable to his estate, and three policies aggregating $15,000, payable to his wife, Sally F....
Affirming. Jesse Gum died testate, survived by his wife, Margaret, two sons, A.M. Gum and W.M.J. Gum, and three daughters, Roxie Wood, Jennie Wax, and Ivie Wheat. He devised a certain portion of his land to his sons, A.M. Gum and W.M.J. Gum, and the residue to his three daughters. The portion devised to the daughters was not burdened with any conditions or limitations, but that devised his two sons was on condition that his wife should have her support from the produce thereof so long as she...
Reversing. The appellee, Ervin Richey, is confined in the Barren county jail, having been convicted of the offense of illegally manufacturing intoxicating liquor. He was adjudged to serve six months in jail and to pay a fine of $400 and costs for the offense. At the time of the filing of the petition herein, he had served 201 days of his sentence, and, as he was financially unable to pay his fine, he had 199 days yet to serve according to the record. At the June, 1928, term of the Barren...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 216 Affirming. In January, 1928, appellant, Charles W. Wolverton, and appellees, Leslie B. Baynham and J.H. Baynham, entered into a contract for the purchase and sale of certain property in Fayette county, for the sum of $19,252.70. This suit was instituted against the purchaser, Wolverton, for a specific performance of the contract. In defense, the...
Affirming. Ida Wireman appeals from a conviction for the killing of her sister-in-law, Laura Wireman. She was sentenced to seven years and one day in the state penitentiary. The only complaint presented on this appeal that properly arises on the record is that the court erred in failing to instruct the jury to the effect that, if the appellant, on the occasion when the offense was committed, acted under the coercion of her husband, she was entitled to an acquittal. Her husband was present when...
Affirming. On July 3, 1919, the appellees, Mrs. Adine M. Taylor and her husband, J.Q. Taylor, leased to the appellant, W.H. Winter, for a term of ten years, with the privilege of 5 years additional, a building located at Fourth and Broadway, in Paducah, Ky., known as the Brookhill building. The annual rental was $3,000 per year, the lessee to pay all taxes assessed against the property and *Page 828 to keep it in good repair. The lessee had the right of subleasing. The lease further provided: "...
Reversing. Everett Wilson, an employee of the Melcroft Coal Company, applied to the Workmen's Compensation Board for compensation for personal injuries, which, he claims, were sustained by accident arising out of and in the course of his employment. Compensation was denied by the board, and he prosecuted an appeal to the Harlan circuit court, which on April 2, 1928, affirmed the award of the board. On September 4, 1928, Wilson applied to the Harlan circuit court for permission to prosecute an...
Affirming. Appellant, James Wilson, was indicted by the grand jury of McCreary county for the crime of murder, and when tried was found guilty of manslaughter and sentenced to serve 21 years in the penitentiary. He prosecutes this appeal from that judgment. This is a companion case to that of Waters v. Commonwealth, 221 Ky. 433 , 298 S.W. 1078 , that appellant and this being jointly indicted for the same crime. A full statement of the facts may be found in the previous opinion. Much confusion...
Reversing. The appellants, F.A. Wilson and A.J. Asher, instituted a suit in equity in the Leslie circuit court seeking to recover the possession of certain boundaries of land which they alleged were in the possession of the appellees who wrongfully held them. The appellees filed an answer controverting the material allegations of the petition. They alleged that they were the owners and in the possession of a certain portion of the land mentioned and described in the petition. The land claimed...
