Reversing. On the 22nd day of January, 1942, appellee, Christina Louise Yung, instituted a suit for divorce and alimony against her husband, Peter Jacob Yung, in the Campbell circuit court. Summons issued on the petition and was executed on the defendant on the 24th day of January. No answer was filed and no attorney was employed by the defendant, however, on the 12th day of May, 1942, the parties executed and filed a stipulation which provided that upon the granting of the divorce, the...
Affirming. J.M. Young is challenging the action of the chancellor in sustaining exceptions to the Commissioner's report allowing him a debt evidenced by a $3,000 note, with interest from October 28, 1933, against the estate of his deceased son, W.V. Young, the estate of Earl Scott, and T.M. Stratton. The action was instituted originally by the Pikeville National Bank Trust Company as the administrator of the estate of W.V. Young. The widow of the deceased and the creditors, including J.M. Young,...
Motion for appeal denied; judgment affirmed. *Page 1
Appeal denied; judgment affirmed.
Reversing. This action was begun by the filing of a petition in equity by the administratrix of Elmer Madden against W.L. Madden. The petition alleged an oral contract between W.L. Madden and his son, Elmer, pursuant to which the latter was to board and care for his father and to be compensated by the conveyance of a forty-acre farm. The petition asserted the invalidity of the contract and sought enforcement of a lien on the land for $1,500, the alleged value of the board and services furnished...
Reversing. *Page 521 The question presented by this appeal is whether a labor union may be an employer and, as such, subject to the provisions of the Fair Labor Standards Act of 1938. The appellant, Sherman Williams, was a member of United Mine Workers Union No. 3892 at Verda, Kentucky, and he brought this action against the union and its officers to recover $1,422.46 for overtime and liquidated damages, $516 for expenses and time lost, and, in addition, a reasonable attorney's fee. The...
Affirming. The appellee, Middle-West Roads Company, was, and is, a foreign corporation engaged in the business of constructing highways. Prior to July 10, 1941, it obtained a contract from the Kentucky Highway Commission to construct a part of a state highway in Lawrence County near Louisa, and on that day it employed appellant as a workman on the job. On September 11, and prior thereto, appellant was engaged as a mixer, with the aid of a machine for that purpose. The mixture which appellant...
Reversing. The appellant brought this action against appellee, a corporation, to recover of it salary or wages under an alleged contract of employment by the terms of which appellee employed appellant to work for it in the tobacco *Page 208 business for a period of one year from December 1, 1937, to December 1, 1938, at a salary of $125 a month. The contract of employment is based upon a letter written by appellee on November 18, 1937, and addressed to appellant at Princeton, Kentucky. Omitting...
Reversing. On June 11, 1928, appellant, H.O. Williams, borrowed $1,000 from the appellee Thomas M. King. Apparently it was the understanding of the parties that the loan was temporary and would be paid shortly. Appellant failed to make any payment on the loan, and after the lapse of more than six months the appellee asked him for a note. On January 23, 1929, appellant executed and delivered to appellee two notes, one in the sum of $400, due one year after date, and one in the sum of $500, due...
Reversing. On the 28th day of March, 1942, Ed Campbell, a resident of Perry county, died of wounds produced by his being struck on the head with a blunt instrument. Morris Colwell, Bill Williams, and John Collins were indicted jointly for the murder. Williams and Collins were tried jointly, each receiving a sentence of 10 years in the state reformatory. Williams has appealed. The evidence discloses that in the late afternoon of March 28, Colwell, Williams, and Collins met Ed Campbell *Page 428...
Affirming. The Inland Gas Corporation was organized for the purpose of procuring, transporting and distributing natural gas to consumers thereof, and which it says was confined, from the beginning of its operations, to the furnishing of gas to industrial institutions although it may have, under the terms of its charter, been authorized to distribute and furnish its product to individual domestic consumers, or to others engaged in that branch of service. In 1935 it went into bankruptcy and later...
Affirming. The suit was instituted by Hiram Wilhoit, Director of the Division of Banking of the Commonwealth of Kentucky, by and through George I. Brandon, Special Deputy Bank Director in charge of liquidating the assets of the Bank of Golden Pond, of Grolden Pond, Kentucky, against Albert Lee Furnish and his surety, the National Surely Corporation, wherein recovery was sought in the stun of Thirteen Thousand Eighty-Eight Dollars and Twenty-Three Cents ($13,088.23), representing the amount of...
Reversing. The only question on the appeal is the amount of the fee to be allowed an attorney for the liquidator of a closed bank. The appellee, Murray L. Brown, had been paid a salary of $50 a month for 34 months as counselor of the Deputy Director of Banking, and sought the allowance of $8,435.75 additional, or total compensation of $10,115.75. The circuit court allowed $7,592.18 additional, making a total of $9,272.18. The Director of the Division of Banking and the Federal Deposit Insurance...
Affirming. This equity action was filed in the Pike circuit court by appellee, Kentland Coal and Coke Company, against appellants, Sarah J. Whitt, and her husband, Wallace Whitt, whereby plaintiff sought to quiet its title to some 6 or 8 acres of land bordering on Levisa Fork of Big Sandy river in Pike County, Kentucky, to which area defendants were asserting adverse title. The answer denied plaintiff's title and asserted title in defendants. After considerable proof taken by depositions, the...
Affirming in part and reversing in part. This is a second appeal and only those facts that are necessary for the proper consideration on this appeal will be alluded to which do not appear in the former opinion reported in 288 Ky. 698 , 157 S.W.2d 320 . Upon a return of the case to the circuit court the appellant, Whitley Lodge No. 148 of the Knights of Pythias, hereinafter referred to as the defendant, filed an amended answer and counterclaim, the first paragraph of which amplified the...
Affirming. The appellee and appellants are sons of Galen E. White, who died intestate on February 18, 1898. His real estate, consisting of approximately 70 acres in Pulaski County, was sold for the satisfaction of his debts in the year 1900, pursuant to a judgment entered in an action instituted by his administrator against his heirs. His widow, Elizabeth White, was the purchaser at the commissioner's sale, and, at her death, which occurred in August, 1939, the title was acquired by appellee....
Affirming. The question for our consideration is whether an ordinance of the city of Richmond dealing with parking of occupied or unoccupied trailer coaches and regulating trailer parks within the city is valid. J.A. White, who operates a trailer park in the city, refused to pay the license fees prescribed by the ordinance, and brought this action against the city and certain officials to enjoin the enforcement of the ordinance on the ground that it is void. The temporary restraining order...
Affirming. James Hatcher of Pikeville, Kentucky, died on September 29, 1939. He executed a will in which he designated appellees and defendants below as executors and trustees of his estate and to carry out the provisions of his will, in which a trust was created. He died the owner of a large amount of property, consisting of lands, leases, and considerable personalty. The designated executors and trustees of his estate qualified as such after the will was probated. The appellant and plaintiff...
Affirming. On the night of May 7, 1942, the storehouse of M.L. Gover in Somerset, Kentucky, was broken into and there was taken therefrom 165 men's suits; about 50 men's shirts; a number of ties, and a few pairs of shoes. Nine days thereafter appellant and defendant below, Roe Wheeler, was indicted jointly with others, in which they were accused of the breaking of the building and feloniously taking therefrom the above property, which is an *Page 29 offense denounced by Section 1164 of Carroll'...
Reversing. The appellant and appellee were married in Pike County on March 29, 1935. On October 1, 1938, the wife (appellant) filed in the Pike circuit court her petition against her husband, the appellee, asking a divorce from their bonds of matrimony, upon the grounds of cruel and inhuman treatment almost continuously since their marriage, consisting of cursing, abusing and striking her on occasions, and making false accusations against her chastity. In addition she alleged that he was...
