313 S.W.2d 580 (1958) Verne YOUNG, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. April 18, 1958. Rehearing Denied June 20, 1958. John O. Hardin, Hopkinsville, for appellant. Jo M. Ferguson, Atty. Gen., David B. Sebree, Asst. Atty. Gen., for appellee. BIRD, Judge. Verne Young was tried and convicted in the Christian Circuit Court on a charge of storehouse breaking. All of the evidence upon which he was convicted was obtained as the result of an illegal search...
315 S.W.2d 624 (1958) WRIGHT & TAYLOR, INC., Appellant, v. Cleo SMITH, Appellee. Court of Appeals of Kentucky. May 23, 1958. Rehearing Denied September 19, 1958. *626 Lively M. Wilson, Stites, Wood, Helm & Peabody, Louisville, for appellant. Julius Leibson, Louisville, for appellee. BIRD, Judge. This appeal is taken from a judgment against Wright & Taylor, Incorporated, in the sum of $3,000. The appellant is owner of the Francis Building in Louisville, Kentucky. Appellee claims to have been...
314 S.W.2d 543 (1958) Reed WEBB, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. June 20, 1958. *544 Thomas D. Shumate, Shumate & Shumate, Richmond, for appellant. Jo M. Ferguson, Atty. Gen., David B. Sebree, Asst. Atty. Gen., for appellee. MONTGOMERY, Judge. Reed Webb was indicted for the crime of murder of his father. He was found guilty of voluntary manslaughter and sentenced to serve fifteen years in the state penitentiary. On appeal, he urges that the trial...
310 S.W.2d 63 (1958) Roma WARD et al., Appellants, v. Julia Preston WOODS et al., Appellees. Court of Appeals of Kentucky. February 7, 1958. *64 Wheeler & Wheeler, Paintsville, for appellants. W. A. Johnson, Fred Howes, Paintsville, for appellees. STANLEY, Commissioner. By an original complaint and interpleading, numerous heirs of Eliphas Preston, appellees herein, sought judgment against Roma Ward and Bob Meek, appellants herein, to quiet title of the heirs in and to coal and mineral rights in...
309 S.W.2d 345 (1958) Ada K. VISSMAN, Appellant, v. Benjamin KOBY et al., Appellees. Court of Appeals of Kentucky. January 24, 1958. *346 Allen Schmitt, Louisville, for appellant. Victor W. Ewen, Jones, Keith & Ewen, Louisville, for appellees. BIRD, Judge. The Kobys, man and wife, owned property in the City of Louisville and resided there. The appellant, Ada K. Vissman, owned property next door and resided there. In front there was a public sidewalk running the length of both properties. There...
311 S.W.2d 404 (1958) Howard L. VAN ARSDALE, Appellant, v. Paul CASWELL, Appellee. Court of Appeals of Kentucky. March 14, 1958. *405 Raymond C. Arny, Louisville, for appellant. Sal Pinto, Louisville, for appellee. Herbert L. Segal, Louisville, amicus curiæ, for Kentucky Civil Liberties Union, Inc. Raymond C. Stephenson, Louisville, for Louisville Police Officers Ass'n, amicus curiæ. SIMS, Judge. This is an appeal from a summary judgment holding that "filing away" a criminal warrant was not a...
313 S.W.2d 271 (1958) M. W. THOMAS, Warden, and Jo M. Ferguson, Attorney General, Appellants, v. Floyd MAGGARD, Appellee. Court of Appeals of Kentucky. May 9, 1958. Jo M. Ferguson, Atty. Gen., Edward L. Fossett, Asst. Atty. Gen., for appellants. Isaac Turner, Hyden, for appellee. CULLEN, Commissioner. In July 1956, a judgment was entered in the Leslie Circuit Court convicting Floyd *272 Maggard of the offense of armed robbery, and sentencing him to a term of 21 years in the state penitentiary,...
314 S.W.2d 684 (1958) TEXAS EASTERN TRANSMISSION CORPORATION, Appellant, v. Orville CARMAN and Augusta Carman, Appellees. Court of Appeals of Kentucky. June 20, 1958. Rehearing Denied August 5, 1958. *685 Joseph E. Stopher, A. J. Deindoerfer, Boehl, Stopher, Graves & Deindoerfer, Louisville, Pat Rankin, Stanford, for appellant. Robert M. Spragens, Lebanon, James F. Clay, Danville, Harris C. Rhodes, Cabell D. Francis, Stanford, James G. Sheehan, Jr., Danville, for appellees. STEWART, Judge. This...
318 S.W.2d 407 (1958) Lawrence (C. L.) TAYLOR et al., Appellants, v. Carrie May Morris NEWMAN et al., Appellees. Court of Appeals of Kentucky. November 21, 1958. *408 Cecil C. Wilson, Glasgow, for appellants. Louie B. Nunn, Glasgow, for appellees. BIRD, Judge. Appellants are owners in fee simple of two tracts of land consisting of 54 and 100 acres respectively. They obtained title by deeds dated in 1948 and 1950. Appellees are the owners of two separate gas and oil leases covering each of the...
320 S.W.2d 111 (1958) Cordelia TAYLOR et al., Appellants, v. Fannie Marsee MILLS, Appellee. Court of Appeals of Kentucky. December 12, 1958. *112 J. B. Johnson, Williamsburg, E. F. Prichard, Jr., Lexington, for appellants. John Hopkins, Hazelrigg & Cox, Frankfort, Cleon K. Calvert, Pineville, for appellee. CLAY, Commissioner. This is the fifth appeal arising out of a series of controversies which stem from a 1923 conveyance of a tract of land in Doe Gap. The history of this litigation may be...
312 S.W.2d 360 (1958) Howard A. SPENCER, Appellant, v. Geraldine M. SPENCER, Appellee. Court of Appeals of Kentucky. February 21, 1958. Rehearing Denied May 9, 1958. *361 James G. Begley, Danville, for appellant. James F. Clay, James G. Sheehan, Jr., Danville, for appellee. PER CURIAM. This is a motion for an appeal from an order adjudging appellant, Howard A. Spencer, delinquent in the payment of $1,605 to appellee, Geraldine M. Spencer, his ex-wife, for the support of their children as...
314 S.W.2d 193 (1958) Minnie SORRELL and Husband, Allie Sorrell, Appellants, v. TENNESSEE GAS TRANSMISSION COMPANY, Appellee. Court of Appeals of Kentucky. March 21, 1958. Rehearing Denied June 20, 1958. Thomas R. Burns, Morehead, for appellants. Louis Cox, Hazelrigg & Cox, R. Vincent Goodlett, Frankfort, for appellee. STEWART, Judge. This is an appeal from a judgment declaring valid an agreement giving "the right, privilege and authority" to defendant-appellee, Tennessee Gas Transmission...
318 S.W.2d 419 (1958) Ethel M. SKINNER, Appellant, v. Parke T. MORROW et al., Appellees. Ethel M. SKINNER, Appellant, v. Marion S. LATTIN et al., Appellees (two cases). Court of Appeals of Kentucky. November 28, 1958. *421 Henry J. Burt, Jr., Louisville, for Ethel M. Skinner. Wilbur Fields, Louisville, for appellees and cross-appellants, Marion S. Lattin, Cora Anderson, Jeanette Diemer and Marjorie Billens. Louis H. Jull, Louisville, for appellee Citizens Fidelity Bank and Trust Co. W. Howard...
311 S.W.2d 803 (1958) Walter L. SIMPSON et al., Appellants, v. William SEXTON, Jr., et al., Appellees. Court of Appeals of Kentucky. February 7, 1958. Rehearing Denied April 25, 1958. Redwine & Redwine, Harold G. Wells, Winchester, for appellants. Shumate & Shumate, Irvine, for appellees. *804 MILLIKEN, Judge. This is an appeal from a judgment entered upon a directed verdict sustaining the probate of a will. The appellants, contestants of the will, refused to participate in the trial after...
310 S.W.2d 543 (1958) Robert F. SIMMONS et al., Partners Trading and Doing Business Under the Firm Name of Robert Simmons Construction Company, Appellants, v. William R. ATTEBERRY, Appellee. Court of Appeals of Kentucky. February 21, 1958. *544 Joseph Lazarus, Alfred C. Krieger, Louisville, for appellants. Steinfeld & Steinfeld, Samuel Steinfeld, Louisville, for appellee. CAMMACK, Judge. This action was instituted by the appellants, Robert F. Simmons and Tawanda R. Simmons, partners doing...
310 S.W.2d 522 (1958) Betty K. Graham SHAW, Appellant, v. Tilda GRAHAM, Appellee. Court of Appeals of Kentucky. January 24, 1958. As Modified on Denial of Rehearing March 21, 1958. Louie B. Nunn, Glasgow, for appellant. Paul Carter, Tompkinsville, for appellee. STANLEY, Commissioner. This is a habeas corpus proceeding by the appellant, Betty Graham Shaw, to obtain custody of her two children from their paternal grandmother, the appellee, Tilda Graham. One child is a boy, now seven, and the...
318 S.W.2d 541 (1958) Kitty SHAWHAN, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. October 3, 1958. *542 Davies & Hirschfeld, Newport, for appellant. Jo M. Ferguson, Atty. Gen., David B. Sebree, Asst. Atty. Gen., for appellee. BIRD, Judge. Newport police, under the authority of a search warrant, raided a house in which they found Kitty Shawhan having sexual intercourse with a young man. Present, and allegedly in charge of bedroom operations, was Charles...
311 S.W.2d 189 (1958) The SCOTT COUNTY BOARD OF EDUCATION of Scott County, Kentucky, Appellant, v. Laura Starling PEPPER et al., Appellees. Court of Appeals of Kentucky. March 7, 1958. J. Craig Bradley, Jr., Georgetown, for appellant. Louis Cox, Frankfort, for appellees. MILLIKEN, Judge. After abandoning the use of certain land for school purposes, the Scott County Board of Education brought this action to quiet title to the tract which had been conveyed to it in 1915 "for the purposes of a...
322 S.W.2d 707 (1958) Martha SALYERS, Appellant, v. Marshall TACKETT et al., Appellees. Court of Appeals of Kentucky. December 12, 1958. Rehearing Denied May 1, 1959. *708 Charles C. Adams, Somerset, for appellant. Fritz Krueger, Somerset, for appellees. STANLEY, Commissioner. A plat of what is called "The Highlands, An Addition to Eubank," was filed in the office of the County Court Clerk of Pulaski County on June 15, 1920. A tract of land was thereby divided into three blocks with numerous...
310 S.W.2d 274 (1958) Roy RUTHERFORD, Appellant, v. MODERN BAKERY, a Partnership, etc., Appellees. Court of Appeals of Kentucky. February 14, 1958. *275 Sam M. Ward, Scott E. Duff, Hazard, for appellant. Willis W. Reeves, Maxwell P. Barret, Hazard, for appellees. CAMMACK, Judge. The appellant, Roy Rutherford, instituted this action to recover damages from the appellee, Modern Bakery, for pain, suffering and permanent disability claimed to have been the direct and proximate result of his...
