Reversing. Appellants brought this action against appellee, alleging in their petition that they had sold and delivered to McKinley Morris goods, wares, and merchandise of the value of $407.67, at the request of Dewey Darlington, in writing signed by him, and for which he agreed to pay no part of which had been paid except $81.78, leaving a balance due of $325.88, for which judgment was prayed against Darlington. He filed an answer denying that he agreed to pay the account. The case was...
Affirming. The sole question presented on this appeal is the validity of the license ordinance of the city of Lexington, which imposes an annual license tax of $75 upon the business of a "painting contractor." The lower court held it valid, and, from its judgment so adjudging, this appeal is prosecuted. Section 1 of the ordinance imposes the tax upon "each person, firm or corporation doing business in the City of Lexington as a painting contractor." Section 2 defines a "painting contractor" as:...
Reversing. The grand jury of Pike county returned an indictment against appellant, Della York, Columbus Hensley, and Estill Hensley, wherein the three were accused of murdering Roby Williamson. A separation of trials was requested and granted, and the commonwealth elected to try appellant, at which she was convicted by the jury of voluntary manslaughter and punished by confinement in the penitentiary for two years. Her motion for a new trial was overruled, and she prosecutes this appeal, and in...
Affirming. Mrs. Yeary sued her husband for divorce, and asked for $18,000 alimony; the court dismissed her petition, and granted a divorce upon her husband's answer and cross-action. She appeals. These parties married August 30, 1916. He was then twenty-three and she was twenty. They have had an unhappy married life. It appears Mrs. Yeary was given to jealousy, a matter we discussed in Sales v. Sales, 222 Ky. 175 , 300 S.W. 354 . This trait of hers has had its never failing result. Neither she...
Affirming. Joe Mullins, an infant suing by his next friend, instituted an action against W.F. Yates to recover damages for alleged slander. Plaintiff recovered a judgment for five hundred dollars and the defendant has appealed. The grounds for reversal urged upon the appeal will be considered in the course of the opinion. 1. The first point presented is that the evidence was not sufficient to sustain the verdict. One witness testified to the effect that defendant spoke the slanderous words as...
Affirming. The appellants were plaintiffs in the trial court. They are asking here for relief denied them there. Jarvis Moore and Ollie Moore were married many years ago. But two children were ever born to them. Their eldest child was a daughter named Elizabeth, who died in 1865; their second child was a son, Thomas Walker Moore, who was born on the 18th day of April, 1866. He was never married and resided continuously with his parents all his life. It appears that Jarvis Moore got into some...
Affirming. Charles N. Halsted instituted an action against W.T. Turner Son to recover $1,500 for the breach of a warranty of a four year old black mare which plaintiff had purchased from the defendants. The defense interposed consisted of a denial that any warranty was made, coupled with a counterclaim for the cost of keeping the mare. The plaintiff recovered a verdict, and the defendants have prosecuted an appeal. The sole question urged is that the court should have sustained a motion for a...
Reversing. Mrs. Wright has appealed from a judgment fixing her property rights in a divorce proceeding. The marriage of these two having come to wreck, upon the rock of jealousy, they signed a paper fixing their property rights. Mrs. Wright filed this paper as a part of her petition. The husband did not answer or attack its genuineness in any way as contemplated by section 527 of Civil Code of Practice. No evidence was taken relative thereto, but, in the judgment fixing the property rights, the...
Reversing. Appellant was charged by indictment with the offense of chicken stealing. The evidence showed that J.R. Hair had lost chickens on two occasions. He found the chickens with a poultry dealer nearby. The dealer bought the chickens in two lots from appellant. Appellant testified that he purchased the chickens from men on a boat going down Cumberland river, but he also told a different story about it on different occasions. He was corroborated in his claim that he bought the chickens from...
Affirming. By this proceeding the appellant sought a writ of prohibition against the police judge of the city of Hazard to prevent the latter from trying him under a warrant charging him with the operation of a taxicab in the city of Hazard without the license required for that purpose by an existing ordinance of that city. The lower court refused to grant the writ requested, and from its judgment this appeal is prosecuted. The case went off in the lower court solely on the sufficiency of the...
Reversing. John M. and Joseph B. Jaglowicz, aged respectively sixteen and eighteen years, the sons of Joseph A. Jaglowicz, *Page 638 were injured in a collision with an automobile driven by Charles V. Woods. These actions were brought by the father and the two sons to recover damages. On the trial of the case there was a verdict for the plaintiffs. The defendants appeal. There is no complaint of the amount of the verdict, but it is earnestly insisted that there was contributory negligence on...
Reversing. Willard F. Woodruff died a resident of Jefferson county on September 7, 1927, at the age of 62 years, the owner of an estate of value about $200,000. He left surviving him his widow, Maggie Woodruff, and four children, three sons and a daughter. By his will he devised *Page 746 his entire estate to the Louisville Trust Company on these trusts: 1. To pay to his wife, Maggie Woodruff, during her life two-thirds of the net income, and if she should die while his daughter Sarah...
Reversing. The appellant instituted its action originally against G.C. Fish and J. Fish, seeking to recover damages on an injunction bond which had been executed by them. G.C. Fish died after the institution of that action, and Lura Fish was appointed administratrix. The cause of action was not revived, and no attempt was made to revive it for about two years. In such actions there must be a revivor within one year unless the action is revived by consent. Section 508, Civil Code of Practice....
Reversing. Appellant was charged by an indictment in the Kenton circuit court with having violated the provisions of section 2467a-1 et seq., Ky. St. The charge is that he purchased material from the Boone-Kenton Lumber Company to be used in a house to be erected on a lot owned by appellant; that the material was so purchased as to cause a lien on the real estate to attach for its payment; that the debt was not paid and was not released in writing by the company; that appellant did unlawfully,...
Affirming. The appellants, H.C. Wolff and R.C. Wolff, doing business as Ralph Wolff Sons, prior to December, 1924, were engaged in the manufacture and sale of candy. During the night of the 11th of that month their stock, machinery, and fixtures were partially destroyed by fire, which it is conceded was of incendiary origin. It is vigorously denied, however, that the appellants were guilty of the crime, although they were convicted of burning the storehouse and sentenced to serve one year in...
Reversing. McKinley Winstead and George L. Pittman were indicted for the murder of William Kirby. On the trial of the case the jury returned this verdict: "We the jury find the defendants guilty and fix their punishment at two years each in the state prison." The court refused a new trial and entered judgment on the verdict. The defendants appeal. The chief ground for reversal is that the verdict is palpably against the evidence. This requires a brief statement of the proof heard on the trial....
Judgment for $360 in an action on six notes. Appeal denied; judgment affirmed.
Reversing. Appellant instituted suit against the Louisville Nashville Railroad Company, John Whitsell, its engineer, and Moreland Burns, its fireman, in charge of its train at the time of the accident, alleging that the corporation and the individuals mentioned, through their joint and concurring negligence and carelessness in the management, *Page 407 operation, and control of the engine and train described in the petition ran upon and over Ray Wimsatt, so injuring him that he was then and...
Reversing. An execution issuing on a judgment in favor of the appellant, J.F. Wilson, against the appellees F.F. Dulin and Andrew Dulin, colored, was on October 21, 1927, levied on a one-eyed red mule 16 years old, subject to a mortgage and "any interest" in a 15-acre crop of tobacco which the defendants owned. This suit was filed against the Dulins, the owner of the mortgage on the mule, and Dr. O.L. Barnes, seeking the enforcement of the execution liens and alleging that Dr. Barnes was...
Affirming. In this case, the appellant sought a judgment against the appellee C.J. Little in the sum of $2,500 for a loan she had made him and the foreclosure of a mortgage given by the appellee to secure that loan. By his answer, *Page 441 counterclaim, and set-off, the appellee sought the return from the appellant of two diamond rings which he asserted he had only intrusted to her to wear, she agreeing to return them on demand. In the event she could or would not return them he asked for a...
