Affirming. This is the second appeal of this case. The first appeal is styled Young v. McCraw's Adm'x et al., 269 Ky. 736 , 108 S.W.2d 712 . In the opinion of that case this court said (page 715): "On the return of the case the chancellor, without regard to any previous finding, will ascertain these amounts and credit them on the purchase price and give judgment in favor of Mrs. Young for the balance, if any." On the return of the case the chancellor by appropriate orders referred the case to...
Affirming. The appellant, Charles Young, was convicted in the Owsley circuit court — in which he was so accused — of the offense of false swearing, and punished by confinement in the penitentiary for the minimum period prescribed by law of one year. His motion for a new trial was overruled and from the verdict and judgment pronounced thereon he prosecutes this appeal, urging, through his counsel, three grounds as alleged errors, authorizing a reversal. They are: (1) Error of the court in...
Affirming. At about 9 or 9:30 o'clock P. M., on February 26, 1938, Albert Simonds was shot to death in front of the Blue Moon cafe in Central City, Muhlenberg County, Kentucky. A subsequently sitting grand jury of the county formally accused by indictment the appellant, Gene Young, as the perpetrator of the homicide, and in which he was charged with murder. At his later trial *Page 27 he was convicted of voluntary manslaughter and punished by confinement in the penitentiary for the maximum...
Affirming. Clarence Young was indicted in the Harlan circuit court on the 1st day of September, 1937, for the willful murder of George Pickard. On the 25th day of March, *Page 634 1938, he was tried and convicted by a jury of the crime of manslaughter and his punishment fixed at confinement in the state reformatory for 21 years. From a judgment based upon that verdict he appeals. He complains of the following alleged errors: "First: Error of the court instructing the jury and failing to...
Affirming in part and reversing in part. C.C. York, a resident of Pike county, died July 17, 1938, the owner of real estate consisting of approximately 150 acres of land about 4 miles from Pikeville, a one-half undivided interest in a house and lot in Pikeville and a one-fourth undivided interest in another house and lot therein. Item 2 of his will is as follows: "I give and bequeath to my beloved wife, Betty York, all the household furniture, pictures, books and all other household furniture,...
Reversing. B.P. Jones and Hiram Owens (hereinafter referred to as Jones Owens) owned the land in fee from which the Harlan County Coal Coke Company (hereinafter referred to as the corporation), was mining coal. The corporation encountered financial difficulty and on March 18, 1932, the Kentucky Insurance Company, a partnership, filed this action against it alleging the corporation was indebted to it in the sum of $714.98; that the corporation was largely indebted to numerous creditors; that it...
Affirming. Appellant was the Democratic candidate for county judge of Letcher county at the November, 1937, election, and appellee the Republican candidate. The election commissioners, after canvassing the returns, certified that appellant had received 5,291 votes and appellee 5,437. By a petition, prepared and filed in conformity with section 1596a-12, Kentucky Statutes, appellant sought *Page 78 a recount of the ballots in all the 54 voting precincts of the county. Upon the filing of the...
Affirming. As is disclosed in Wright v. Crase, 273 Ky. 76 , 115 S.W.2d 318 , on the face of the returns Crase received 5,437 votes and Wright 5,291, or a majority of 146 for the former in the race for County Judge of Letcher County at the November, 1937, election. Dr. Wright promptly instituted proceedings in which he sought only a recount of the ballots. The result of the recount by the special circuit judge was to reduce Crase's majority to 60. On the appeal this court found his majority to...
Affirming. The appellant and Hazel Wright were jointly indicted by the grand jury of Owen county for the murder of Nathan Morrison. Hazel Wright was tried at the April, 1937, term of the Owen circuit court and sentenced to sixteen years in the penitentiary and is now serving his sentence. The case was continued as against appellant to the July, 1937, term of the court, when he was tried and sentenced to five years in the penitentiary for manslaughter. He filed his motion and grounds for a new...
Affirming. Otis Wilson Wright was killed on February 21, 1933, on the state highway between Carrollton and Milton in Carroll County. It is alleged that he was driving a truck and undertook to cross a bridge which gave way. The truck was precipitated into the water, resulting in Wright's death. Thereafter, the General Assembly, at its 1936 session, adopted a resolution (House Resolution No. 20) "authorizing Carl Wright, administrator of the estate of Otis Wilson Wright, deceased, to sue the...
Affirming. This is an appeal from an order of the Carroll Circuit Court overruling appellant's motion for the appointment of a receiver. The appellant, M.L. Woods, holds nine shares of cumulative preferred capital stock (of a par value of one hundred dollars a share) of the Consolidated Newspapers, Incorporated, a company organized under the laws of the State of Delaware, of which N.A. Perry is president, and his wife, A.B. Perry, is secretary and treasurer. The only asset of the company is a...
Reversing. These two appeals by agreement are consolidated and are to be considered together. The action of the Wolfe County Liquor Dispensary Association, etc., v. J.B. Ingram, County Judge, et al., was instituted for one purpose alone. That was to obtain an injunction enjoining the holding of the local option election in Wolfe county, Ky., called for May 4, 1937. The temporary restraining order sought was refused by the judge of the court. The appeal is from that order, which is in the...
Reversing. This equity action was filed in the Hickman circuit *Page 822 court on December 16, 1936, by appellees and plaintiffs below, against appellants and defendants below, Vaughn L. Wiman and wife, to recover judgment for about $7400.00 due plaintiffs from defendants as the balance of the consideration that the latter agreed to pay the former for a tract of land in Hickman county, consisting of about 450 acres, and which plaintiff acquired by and through the will of E.T. Lucas, deceased....
Appeal denied; judgment affirmed.
Affirming. *Page 479 The question is whether there was any evidence to support an award of the Workmen's Compensation Board to William Little, late employee of the appellant, for permanent disability. The award was based upon the finding that 77 1/2 per cent. of his disability was due to trauma and 22 1/2 per cent. to a pre-existing disease. Liability for temporary disability, from which it is claimed recovery has been had, is conceded. While lifting a heavy tank, Little hurt himself and was...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 540 Reversing. The question involved on this appeal is the validity of an Act passed at the 1938 Regular Session of the General Assembly of Kentucky, undertaking to create a new judicial district composed of the counties of Muhlenberg, Ohio, Butler and Edmonson, and to be known as the Thirty-Eighth Judicial District. Acts 1938, c. 13, section 10. The four...
Affirming. D.T. Williams, on behalf of himself and other citizens and taxpayers appealed from a judgment rendered in the Taylor circuit court on the 28th day of May, 1938, approving Taylor County, Kentucky of $70,000 funding bonds to liquidate the whole of the floating indebtedness of the county. This action was brought under the Declaratory Judgment Act, Section 639a-1 et seq., Civil Code of Practice, in pursuance of Section 186c-6 et seq., Kentucky Statutes. It was abundantly shown by the...
Affirming. This is a companion case with that of Robert Williams et al., etc., v. Miles Coleman's Administratrix, 273 Ky. 172 , 115 S.W.2d 584 , which was this day decided and in which we reversed the judgment therein recovered upon the ground that certain of the instructions given were erroneous. For a full statement of the facts and issues presented in these two separate actions, which grew out of claims made for personal injuries sustained in one and the same collision had with the...
Affirming. Appellants, Bye and Sid Williams, were accused of *Page 498 the crime of maliciously striking and wounding another with intent to kill. Section 1166 of the Statutes. Their punishment was fixed by the jury at confinement in the Reformatory for two years. From the judgments on the verdict appellants appeal. Appellants filed only a part of the transcript of the record of their trial with the Clerk of the Court of Appeals within the 60 day period allowed. No extension of time was...
Reversing. There were two separate actions, one brought by Mary Coleman, as the administratrix of the estate of Miles Coleman, and the other by Louisa Farmer, as a companion case, administratrix of the estate of Sherd Farmer, in the Pike circuit court against Robert Williams and G.C. Call, partners, doing business at Ashland, Ky., under the title of the Williams Feed Transfer Company. See Williams v. Farmer's Adm'x, 273 Ky. 131 , 115 S.W.2d 589 . By these actions they sought to recover for...
