332 S.W.2d 629 (1960) Seavy YOUNG, on Relation of Daniel B. Boone, Appellant, v. Solon F. RUSSELL, Sheriff and Jailer of Jefferson County, Appellee. Court of Appeals of Kentucky. February 26, 1960. *630 Daniel B. Boone, Henry A. Triplett, Louisville, for appellant. John B. Breckinridge, Atty. Gen., Troy D. Savage, Asst. Atty. Gen., for appellee. PALMORE, Judge. Seavy Young, the appellant, being under detention by the appellee (Sheriff and Jailer of Jefferson County) following his indictment for...
335 S.W.2d 949 (1960) George T. YOUNG, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. April 22, 1960. Rehearing Denied June 24, 1960. *950 Frank E. Haddad, Jr., Louisville, for appellant. John B. Breckinridge, Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee. BIRD, Judge. It is charged that George T. Young violated the provisions of KRS 435.105 by indecent and immoral acts committed upon the body of a female child under the age of fifteen years....
339 S.W.2d 458 (1960) Gascon YATES et al., Appellants, v. Kathryn WILSON, Appellee. Court of Appeals of Kentucky. October 14, 1960. *460 Cass R. Walden, Joseph Martin, Edmonton, Richard L. Garnett, Glasgow, for appellants. Robert M. Coleman, Bowling Green, Robert L. Dowell, Edmonton, Morris Butler, Shuffett & Butler, Greensburg, for appellee. PALMORE, Judge. In this action, tried before a jury, the appellee, Kathryn Wilson, adopted daughter of Mrs. Betty Yates, succeeded in setting aside a deed...
346 S.W.2d 718 (1961) WISER OIL COMPANY and Petroleum Exploration, Inc., Appellants, v. T. J. CONLEY, Appellee. Court of Appeals of Kentucky. December 16, 1960. Rehearing Denied June 23, 1961. *719 Allen Prewitt, Frankfort, Earl R. Cooper, Salyersville, for appellant. C. Kilmer Combs, Combs & Combs, Prestonsburg, for appellee. STEWART, Judge. The Wiser Oil Company and Petroleum Exploration, Inc. appeal from a judgment *720 of the Magoffin Circuit Court holding that they must pay T. J. Conley,...
336 S.W.2d 349 (1960) Hager WIREMAN, Appellant, v. Nannie SALYER, Appellee. Court of Appeals of Kentucky. June 10, 1960. W. A. Johnson, Paintsville, for appellant. Earl R. Cooper, Salyersville, for appellee. STANLEY, Commissioner. This is an appeal from a judgment for $5,000 for personal injuries sustained by *350 the appellee, Mrs. Nannie Salyer, when a small truck in which she was riding left the highway and turned over. The truck belonged to the appellant, Hager Wireman, and was being driven...
340 S.W.2d 449 (1960) Charles WILSON, Appellant, v. Mart HENRY et al., Appellees. Court of Appeals of Kentucky. November 18, 1960. *450 Marion Rider, Frankfort, for appellant. William A. Young, Frankfort, for appellees. MOREMEN, Judge. Appellant, Charles Wilson, entered into negotiations with appellee, Mart Henry, and others, for the purchase of a 132 acre farm. Wilson was taken to the farm by Hollis Graves, a real estate agent, where they met Henry and his two children who had some interest in...
338 S.W.2d 693 (1960) Henry WILLIAMS, Appellant, v. William L. JONES, Warden, Kentucky State Penitentiary, Appellee. Court of Appeals of Kentucky. September 23, 1960. Henry Williams, pro se. *694 John B. Breckinridge, Atty. Gen., Ray Corns, Asst. Atty. Gen., for appellee. MILLIKEN, Judge. This is an appeal from a judgment denying a writ of habeas corpus. The appellant and petitioner pro se, Henry Williams, was convicted in 1956 in the Knox Circuit Court upon a plea of guilty to the offense of...
333 S.W.2d 521 (1960) Cord WHITE, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. March 18, 1960. *522 Marcus Mann, Ben Mann, Salyersville, for appellant. John B. Breckinridge, Atty. Gen., Troy D. Savage, Asst. Atty. Gen., for appellee. PALMORE, Judge. Cord White, Jr., having been indicted and tried on a charge of wilful murder, was convicted of the lesser offense of voluntary manslaughter and sentenced to 10 years' imprisonment. The principal grounds of his...
337 S.W.2d 674 (1960) Harold W. WALTON, Suing for Himself and on Behalf of All Other Citizens and Taxpayers of the Commonwealth of Kentucky Similarly Situated, Appellant, v. Henry H. CARTER, Secretary of State of Commonwealth of Kentucky, et al., Appellees. Court of Appeals of Kentucky. August 12, 1960. *675 Raymond F. Bossmeyer, Louisville, for appellant. John B. Breckinridge, Atty. Gen., Holland McTyeire, H. D. Reed, Jr., Asst. Attys. Gen., Cornelius W. Grafton, Louisville, for appellees....
332 S.W.2d 619 (1959) WALTER J. HIEB SAND & GRAVEL, INC., Appellant, v. UNIVERSAL C. I. T. CREDIT CORPORATION, Appellee (three cases). UNIVERSAL C. I. T. CREDIT CORPORATION, Appellant, v. Ella EDINGER et al., Partners, D/B/A J. Edinger & Son, Appellee. Court of Appeals of Kentucky. June 19, 1959. As Modified and Extended on Denial of Rehearing March 18, 1960. James B. Young, James P. Hancock, Louisville, for Hieb. *620 Louis H. Jull, Wilbur Fields, Louisville, for Universal. Glenn L. Schilling,...
334 S.W.2d 904 (1960) R. E. WALLACE et al., Appellants, v. Alvin CUMMINS et al., Appellees. Court of Appeals of Kentucky. April 22, 1960. *905 Nathan Elliott, Jr., Harbison, Kessinger, Lisle & Bush, Lexington, Woodson T. Wood, Fox, Wood & Wood, Maysville, for appellants. William O. Miller, Eugene C. Royse, Maysville, for appellees. MOREMEN, Judge. Appellants, R. E. Wallace and Katie May Wallace, husband and wife, of Fayette County, desired to purchase a farm in Bracken County. They requested Ed...
334 S.W.2d 266 (1960) Elizabeth V. VERNON, Administratrix of Estate of Dr. Frank Vernon, Deceased, and Naomi Stidham, Appellants, v. Ruby GENTRY, Appellee. Court of Appeals of Kentucky. February 5, 1960. Rehearing Denied May 6, 1960. *267 Baird & Hays, Dan Jack Combs, Pikeville, for appellants. Charles E. Lowe, Pikeville, for appellee. WILLIAMS, Judge. The appellee, Ruby Gentry, was injured in an accident on September 9, 1956, while a passenger in an automobile driven by appellant, Naomi...
333 S.W.2d 749 (1960) Bess TURNER, Appellant, v. Frances JOHNSON, Appellee. Court of Appeals of Kentucky. March 25, 1960. Ollie James Cockrell, Jackson, Earl B. Rose, Beattyville, for appellant. J. Douglas Graham, Campton, for appellee. MONTGOMERY, Chief Justice. Frances Johnson recovered a judgment for $5,128 against Bess Turner as compensation for injuries received from the overturn of a car. Bess Turner insists on appeal that: (1) The jury should have been peremptorily instructed to find for...
334 S.W.2d 261 (1960) THIRD NATIONAL BANK OF ASHLAND, Administrator of Estate of Phyllis Darlene McBrayer, Deceased, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee. Court of Appeals of Kentucky. March 25, 1960. Rehearing Denied May 6, 1960. Eldon L. Webb, John W. McKenzie, Ashland, for appellant. H. R. Wilhoit, Grayson, for appellee. *262 PALMORE, Judge. This is an action against an insurance company brought by an administrator holding an unsatisfied judgment for...
334 S.W.2d 926 (1960) Paul TERRY, Appellant v. ASSOCIATED STONE CO., Inc., et al., Appellees. Court of Appeals of Kentucky. April 29, 1960. *927 Charles McConnell, Louisville, for appellant. Gavin H. Cochran, Peter, Heyburn & Marshall, Louisville, for appellees. PALMORE, Judge. The appellant, Paul Terry, a crane operator employed by the appellee, suffered a coronary occlusion with resulting damage to his heart following strenuous exertion in removing a cable from the crane. His claim seeking...
335 S.W.2d 902 (1960) Hubert TAYLOR, Appellant, v. J. R. JENNISON et al., Appellees. Court of Appeals of Kentucky. May 20, 1960. Nichols & Nichols, Earle M. Nichols, Madisonville, for appellant. Gordon, Gordon & Mills, Madisonville, for appellees. CLAY, Commissioner. This case involves an intersection automobile collision in the City of Madisonville. The plaintiff appellees recovered judgment for personal injuries and property damage against defendant appellant totalling $5,000. Most of the...
335 S.W.2d 556 (1960) Paul TAYLOE and Jimmie White, Appellants, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. May 13, 1960. S. M. Ward, Scott E. Duff, Hazard, for appellants. John B. Breckinridge, Atty. Gen., Paul E. Hayes, Asst. Atty. Gen., for appellee. STANLEY, Commissioner. We sustain the motion for an appeal from a judgment of conviction of Paul *557 Tayloe and Jimmie White of the offense of "holding and flourishing" a deadly weapon, described as a pistol, and...
336 S.W.2d 597 (1960) Sam TAULBEE et al., Appellants, v. Prudle MULLINS, Appellee. Court of Appeals of Kentucky. June 24, 1960. *598 Willis W. Reeves, Maxwell P. Barret, Hazard, for appellants. S. M. Ward, Scott E. Duff, Hazard, for appellee. CLAY, Commissioner. Plaintiff appellee recovered a judgment of $3,500 against defendant appellants for injuries allegedly caused when she was injured in a motor vehicle accident. At a former trial the jury had awarded plaintiff $175. This verdict was set...
343 S.W.2d 377 (1960) Mary TARTER, Administratrix of the Estate of George W. Joyce, Deceased, Appellant, v. Minnie Pearl ARNOLD, Appellee. Court of Appeals of Kentucky. January 29, 1960. Rehearing Denied March 17, 1961. Ewing L. Hardy, Beulah Hampton Ousley, Louisville, for appellant. *378 R. M. Morton, John Rose, Louisville, for appellee. CULLEN, Commissioner. In 1934 one George W. Joyce executed and delivered a deed to Minnie Pearl Arnold and her husband (since deceased), conveying to them...
332 S.W.2d 256 (1960) Thelma L. STOVALL et al., as the State Board of Election Commissioners, et al., Appellants, v. Charles H. GARTRELL, Appellee. Court of Appeals of Kentucky. January 19, 1960. As Modified on Denial of Rehearing February 19, 1960. *258 Jo M. Ferguson, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., J. D. Buckman, Jr., Frankfort, for appellants. Robert T. Caldwell, Ashland, for appellee. Paul R. Huddleston, Bowling Green, amicus curiae. CLAY, Commissioner. This is a proceeding...
