Reversing. Appellant caused appellee to be indicted for the crime of feloniously cutting and carrying away timber of the value of $20 from land owned by appellant to which appellee had no color of title; and on the trial of the indictment the appellee was acquitted. Thereupon, he sued appellant for malicious prosecution and recovered a judgment for $500 damages. This appeal is from that judgment. In defense of the action, the appellant, after traversing the material allegations of the petition,...
Affirming. Parties to this appeal were married November 5, 1932. On June 4, 1938, appellee instituted suit for divorce, charging that in May, 1933, appellant had abandoned him, and had thereafter refused to share his home. On June 25 he took depositions, at which taking appellant was present pursuant to notice, though she was not represented by counsel. On August 2, 1938, appellant filed answer and counterclaim, denying the allegations of the petition, and asserting that of the marriage there...
Affirming. The heirs of B.P. White, Jr., sued Robert Woods on a note for $927.76 with interest from January 21, 1920, and for the enforcement of a lien on land securing its payment. We affirmed a judgment for the plaintiffs. Woods v. White, 253 Ky. 263 , 69 S.W.2d 349 . White's heirs bought the property at a decretal sale for the amount of their debt. They later agreed to convey him the land if Woods would satisfy the judgment. To that end, on May 13, 1935, they executed a deed and placed it in...
Affirming. This action was filed as one in ejectment by the appellees, E.G. Garrard and the Winchester Bank, executor of Nellie McDowell Garrard, who alleged that they were the owners of three tracts of land described in the petition containing respectively 72 1/2 acres, 53 acres and 130 acres, all tracts being contiguous and forming one boundary. The appellant, Robert Woods, filed answer denying title of the appellees and, while the answer was not styled a counterclaim, he asserted title in...
Affirming. On November 21, 1893, John J. Todd and wife conveyed to their daughter, Lenah Linville, formerly Lenah Murray, nee Lenah Todd, a farm situated in Madison County, Kentucky, containing about 65 acres, she being vested with the title "during her natural life, then to her heirs." The consideration expressed in the deed was "natural love and affection and the further consideration of a mutual division of certain lands and monies among the heirs and children of the parties of the first...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 598 Affirming. The grand jury of Leslie County on March 22, 1939, returned a true bill charging appellant and another with the murder of Graydon Morgan. The offense was committed about noon on Sunday, January 22, 1939. The case was called for trial on April 5, 1939, and upon the commonwealth's motion severance was ordered, the commonwealth electing to try...
Affirming. One Lee Bradley was indicted by the grand jury of Jefferson county charging him with the crime of murder. Bradley was brought to trial June 13th, 1938, and entered a plea of guilty of manslaughter, an offense included in the indictment, and the jury fixed his punishment at confinement in the penitentiary for a term of five years. On motion of the Commonwealth's Attorney the court probated three years of the five-year sentence and entered judgment ordering Bradley confined in the...
Reversing. Prior to July 1, 1924, the appellants and plaintiffs below, H.C. and R.C. Wolff, in the partnership name of Ralph Wolff and Sons, were engaged in manufacturing candy in a building at 418 East Market Street in the city of Louisville, Kentucky. On the date indicated they procured from the appellee and defendant below — a fire insurance company — a policy on the contents of their occupied building — exclusive of certain articles immaterial to this controversy — in the sum of $3,000...
Affirming. On August 22, 1939, the appellant was indicted by the grand jury of Harlan County for the murder of James Howard; and on September 6th, was convicted of voluntary manslaughter by a petit jury of the same county and sentenced to twenty-one years in penitentiary. His counsel, appointed by the Court to defend him, with commendable zeal have prosecuted an appeal to this Court, and in their brief urged as grounds for reversal (1) that they were appointed upon the calling of the case for...
Affirming in part and reversing in part. Wolfe County sued Miles Tolson, former jailer, and the sureties on his official bond to recover $750, alleged to have been illegally received by him as compensation. The circuit court sustained a plea of res adjudicata and the county appeals. In April, 1933, the fiscal court fixed the annual salaries of the several county officers who should be elected in the following November to take office in January, 1934. As a "salary" the sum of $300 was...
Affirming. The appellee, W.C. Smith, was clerk of the Wolfe Circuit Court for the six-year term beginning in January, 1928, and as such was paid during the years 1930 to 1933, inclusive, the $20 per month salary as librarian provided by Acts 1930, ch. 63, page 199 (Kentucky Statutes, Section 2438c-8), the amount paid to him being $840. In Greenup County v. Spears, 259 Ky. 114 , 81 S.W.2d 905 , it was held that clerks in office at the time of the enactment of the statute were not entitled to...
Reversing. This is an appeal from a judgment of the court of first instance, whereby the chancellor sustained a demurrer to a reply of plaintiff, and upon refusal of plaintiff to plead further on the involved issue, dismissed the petition. In the three separate suits instituted below the parties plaintiff were Delphia Wisdom, L.T. Dickenson and Gladys Meadows. The defendants were the County Superintendent of Schools of Russell County; the members of the County Board of Education, as then...
Reversing. The Wilson Motor Company is a partnership composed of Jesse Wilson and Lawrence Wilson, his son. In April, 1938, Murrell Wilson and Howard Wilson, sons of Jesse Wilson and brothers of Lawrence Wilson, were employed as mechanics by the Wilson Motor Company which operated a garage in Somerset, Kentucky. On April 22, 1938, Murrell and Howard Wilson left the garage in an automobile owned by the Wilson Motor Company to drive to their home for lunch. On their way home the automobile in...
Affirming. On June 19, 1798, Harry Innis conveyed to James Garrard, the Governor of Kentucky, two lots in the city of Frankfort for the recited consideration of five shillings, the deed concluding with the following provision: "provided, nevertheless, that the said lots or parcels of land and every part thereof shall be applied to the special purpose of erecting a jail and Penitentiary House and other appendages thereon and for affording yards and gardens thereto and for no other purpose...
Reversing in part and affirming in part. This litigation has been in the courts for over a quarter of a century. Many of the original parties have passed away and have been supplanted by heirs and legal representatives. Opinions on three former appeals will be found in 172 Ky. 80 , 188 S.W. 1065 ; 195 Ky. 32 , 241 S.W. 333 ; and 278 Ky. 760 , 129 S.W.2d 579 . All the facts and circumstances are or should be known to the parties, and it will only be necessary for any other persons desiring...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 646 Affirming on appeal and reversing on cross appeal. The appellee, Union Bank Trust Company, the plaintiff below, on March 5, 1937, filed this petition in equity in the Estill Circuit Court against the personal representative of George B. Williams, and of his widow, Julia C. Williams, and against their heirs-at-law, Thomas Williams and Eleanor Horseman,...
Affirming. The appellants, John S. Willett and his wife, Eliza Willett, were severely injured in a collision between their automobile and the automobile of appellee Bradas and Gheens, driven by the appellee Leo Grawemeyer, an employee of Bradas and Gheens. Mrs. Willett filed an action against Bradas and Gheens and Grawemeyer. Shortly thereafter, while Willett was still in a hospital, Grawemeyer filed an action against him. In this latter action Willett filed a counterclaim against Grawemeyer...
Affirming. *Page 95 On November 17, 1936, the appellant, Will B. Miller Company, entered into a written contract with A. F. Stich, by which the latter undertook to build for the former a house on a certain lot in Louisville for the sum of $3,100, and on December 3, 1936, another contract was entered into, by which Stich undertook to build twelve additional houses for appellant for $2,850 each. The twelve houses covered by the second contract were to be erected on a tract separated from the lot...
Affirming. On or about December 3, 19369 the appellant, Will B. Miller Company, Incorporated, entered into a contract with one Stich to construct for it twelve houses on Highland Avenue in Louisville at a price of $2,850 per house. Shortly thereafter Stich entered into a contract with the appellee, Laval, to furnish the necessary labor and materials for the concrete work on the houses at a price of $456 per house plus certain additional costs agreed on for extra work. The concrete included in...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 476 Reversing. These three actions were filed in the Breckinridge Circuit Court as a result of an accident, which happened on Highway 60 about one mile north of Irvington around 11:30 P. M. on March 11, 1938. Involved in the accident were a wrecker owned and driven by Charles E. Penick, a truck owned by A.M. Whitney and driven by his employee, James E. Clark,...
