329 S.W.2d 195 (1959) Alma YOUNG, an Infant 17 Years of Age, etc., Appellant, v. Honorable Thomas J. KNIGHT, Appellee. Court of Appeals of Kentucky. September 25, 1959. Rehearing Denied December 18, 1959. *197 Henry A. Triplett, Louisville, for appellant. Carl C. Ousley, Jr., Asst. Commonwealth's Atty., Louisville, for appellee. STANLEY, Commissioner. This is an action seeking an order prohibiting Honorable Thomas J. Knight, a Judge of the Criminal Branch of the Jefferson *198 Circuit Court,...
329 S.W.2d 560 (1959) Brenda WRIGHT, an Infant, Who Sues by Her Mother and Next Friend, Marie Wright, Appellant, v. Roosevelt JACKSON, Appellee. Court of Appeals of Kentucky. December 4, 1959. F. Dale Burke, Pikeville, for appellant. Baird & Hays, Pikeville, for appellee. STEWART, Judge. In this action for personal injuries, Brenda Wright, an infant suing by her mother and next friend, Marie Wright, appeals from a judgment of $202 rendered in her favor against Roosevelt Jackson. The first...
323 S.W.2d 847 (1959) Nelson WILLIS et al., Appellants, v. Rufus DAVIS et al., Appellees. Court of Appeals of Kentucky. May 1, 1959. *848 Charles J. Lunderman, Jr., C. Ewbank Tucker, Louisville, for appellants. Brunow & Mulloy, Richard H. Nash, Louisville, for appellees. STANLEY, Commissioner. This legal controversy among members of the Eastern Star Baptist Church of Louisville is unusual in that it relates to an incorporated body and to a religious congregation or association of the same name....
328 S.W.2d 156 (1959) WEST KENTUCKY COAL COMPANY, a Corporation, Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee. NORTON COAL MINING COMPANY, a corporation, Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee. WILLIAMS COAL COMPANY, Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee....
327 S.W.2d 17 (1959) Ernest WALLACE, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. May 8, 1959. Rehearing Denied September 25, 1959. *18 Fritz Krueger, Somerset, for appellant. Jo M. Ferguson, Atty. Gen., William L. Brooks, Asst. Atty. Gen., for appellee. SANDIDGE, Judge. Appellant is an inmate of the Eddyville Reformatory, having been convicted in the Rowan Circuit Court in June, 1957, of the crime of rape and sentenced to confinement for life without...
330 S.W.2d 428 (1959) Welby UPCHURCH, Appellant, v. CLINTON COUNTY, etc., et al., Appellees. Court of Appeals of Kentucky. December 18, 1959. *429 Leonard E. Wilson, Jamestown, for appellant. Hollis E. Edmonds, Russell Springs, John A. Sloan, Albany, for appellees. STEWART, Judge. Appellant, Welby Upchurch, is the owner of a farm situated in Clinton County and, among other things, he raises sheep on it. On June 23, 1957, a number of dogs of unknown ownership got into his flock, killing and...
324 S.W.2d 403 (1958) B. R. TWYFORD et al., Appellants, v. Grace HUFFAKER et al., Appellees. Court of Appeals of Kentucky. October 17, 1958. As Modified on Denial of Rehearing May 22, 1959. *404 Bruce H. Phillips, Monticello, Parker W. Duncan, Duncan & Huddleston, Bowling Green, for appellants and cross-appellees. John A. Huffaker, Louisville, for appellees and cross-appellants. CLAY, Commissioner. This action was instituted in 1955 by the appellants and cross-appellees, B. R. Twyford and...
331 S.W.2d 891 (1959) Woodrow TUTTLE, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. October 2, 1959. Rehearing Denied March 4, 1960. *892 Lewis & Weaver, Gordon Eversole, London, for appellant. Jo M. Ferguson, Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., for appellee. STANLEY, Commissioner. Woodrow Tuttle has moved for an appeal (Criminal Code of Practice, ยง 348) from a judgment of conviction as a second offender of the local option law. The penalty is...
327 S.W.2d 958 (1959) Ned TURNER, Appellant, v. Ralph PETERS, Police Judge of City of Hazard, Appellee. Court of Appeals of Kentucky. October 2, 1959. S. M. Ward, Hazard, for appellant. W. E. Faulkner, Hazard, for appellee. EBLEN, Judge. The appellant, who operates a junk yard on Main Street in Hazard, sought to *959 restrain the appellee, as police judge of that municipality, from proceeding under a warrant charging the appellant with operation of that business without having obtained the...
328 S.W.2d 536 (1959) Sammy TURNER, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. October 30, 1959. *537 Joseph K. Beasley, Harlan, for appellant. Jo M. Ferguson, Atty. Gen., Edward L. Fossett, Asst. Atty. Gen., for appellee. MONTGOMERY, Chief Justice. Sammy Turner was convicted of maliciously burning a building other than a dwelling and sentenced to two years' confinement in the state reformatory. KRS 433.020. On appeal, he urges that: (1) The evidence, being...
322 S.W.2d 104 (1959) William THOMASON, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. March 13, 1959. Denney & Landrum, E. R. Denney, Lexington, for appellant. Jo M. Ferguson, Atty. Gen., David Sebree, Asst. Atty. Gen., for appellee. MOREMEN, Judge. Appellant, William Thomason, was indicted for unlawfully carrying concealed a deadly weapon, and was also charged with being a habitual criminal. He was convicted and sentenced to life imprisonment. On December 13,...
321 S.W.2d 786 (1959) Bart SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. March 6, 1959. *787 Lewis & Weaver, Ray C. Lewis, London, for appellant. Jo M. Ferguson, Atty. Gen., William L. Brooks, Asst. Atty. Gen., for appellee. SIMS, Judge. The 2-ton coal truck of defendant, Bart Smith, collided with a pickup truck owned and driven by Henry Wells. Mrs. Wells was riding with her husband and she was instantly killed in the collision. Smith was convicted of...
323 S.W.2d 870 (1959) Lloyd SLUSHER, Appellant, v. Walter BROWN and Silas Campbell Contractors, Inc., Appellees. Court of Appeals of Kentucky. April 24, 1959. *872 James S. Greene, Jr., Harlan, for appellant. J. Leonard Davis, Harlan, for appellees. SANDIDGE, Judge. This action was instituted by appellant to recover damages in the sum of $27,500 resulting from the collision of an automobile, which he owned and was driving, with a truck alleged to have been owned by appellee, Silas Campbell,...
322 S.W.2d 115 (1959) James SHEPPERD, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. March 13, 1959. *116 Daniel W. Davies, Davies & Hirschfeld, Newport, for appellant. Jo M. Ferguson, Atty. Gen., David B. Sebree, Asst. Atty. Gen., for appellee. MONTGOMERY, Chief Justice. James Shepperd was indicted for the murder of C. M. Jacobs. He was found guilty of voluntary manslaughter. His punishment was fixed at twenty years' confinement in the penitentiary. On appeal,...
329 S.W.2d 214 (1959) Roy SELLERS et al., Appellant, v. C. D. HENRY, Appellee. Court of Appeals of Kentucky. November 13, 1959. *215 Damon A. Vaughn, Dixon, for appellant. J. D. Ruark, Morganfield, King, Deep & Branaman, Henderson, for appellee. CULLEN, Commissioner. This action involves a claim for damages for an alleged invasion of the right of privacy. A summary judgment was entered dismissing the complaint, and the plaintiffs have appealed. Roy Sellers and wife brought the action against C....
319 S.W.2d 468 (1958) John E. SCHMIDT, Appellant, v. FONTAINE FERRY ENTERPRISES, Incorporated, Appellee. Court of Appeals of Kentucky. November 28, 1958. As Modified on Denial of Rehearing January 30, 1959. *469 John H. Chandler, James T. Robertson, Louisville, for appellant. Fielden Woodward, A. Singleton Cagle, Woodward, Hobson & Fulton, Louisville, for appellee. STEWART, Judge. In this action plaintiff, John E. Schmidt, sought to recover damages from defendant, Fontaine Ferry Enterprises,...
320 S.W.2d 608 (1959) Josephine ROSE, Adm'x of Refus Rose, Appellant, v. T. E. VASSEUR, Appellee. Josephine ROSE, Adm'x of Refus Rose, Appellant, v. Stanley VINSON, Jr., Appellee. Marcus Milford WALKER, Appellant, v. Stanley VINSON, Jr. and T. E. Vasseur, Appellees. Court of Appeals of Kentucky. January 30, 1959. *610 C. E. Gordon, Malcolm Boaz, Mayfield, for Rose. Francis T. Goheen, Henry Jack Wilson, Mayfield, for Walker. F. B. Martin, Mayfield, Adrian H. Terrell, Paducah, for appellees....
321 S.W.2d 36 (1959) Cletus ROPPEL, d/b/a Roppel's Market, et al., Appellant, v. Guy C. SHEARER et al., Members of and Constituting the State Alcoholic Beverage Control Board, Appellees. Court of Appeals of Kentucky. February 6, 1959. *37 Heidenberg & Bossmeyer, Louisville, for appellant. Thomas P. Bell, Frankfort, for appellees. SIMS, Judge. Cletus Roppel operates a grocery store in Louisville and is the holder of a permit to retail malt beverages which he insists he has the right to sell on...
324 S.W.2d 806 (1959) Donald E. ROMINGER, Appellant, v. CITY REALTY COMPANY, Inc., et al., Appellees. Court of Appeals of Kentucky. May 22, 1959. Thomas D. Shumate, Richmond, for appellant. Guy K. Duerson, Berea, George C. Robbins, Richmond, for appellees. STEWART, Judge. Plaintiff, Donald E. Rominger, sought in circuit court to establish a passway, both public and private, over a tract of land owned by defendant, City Realty Company, Incorporated. Additionally, plaintiff asked for $5,000...
330 S.W.2d 423 (1959) Ethel ROBINSON et al., Appellants, v. Henry LUNSFORD, Appellee. Court of Appeals of Kentucky. December 18, 1959. *424 Milton J. Luker, Charles R. Luker, Jr., London, for appellants. Roy W. House, Manchester, David G. Colson, London, for appellee. *425 CULLEN, Commissioner. Henry Lunsford, age 72, was riding his mule along a country highway, on a morning in March, on his way to the local postoffice, which was located in a country store on the east side of the highway. He...
