Affirming. The questions presented by this appeal are (1) the propriety of the trial judge in overruling appellant's motion to set aside a default judgment entered in favor *Page 34 of appellees; (2) whether the petition and exhibits are sufficient to sustain the default judgment. The appellee, George Segal, is the husband of his co-appellee, Hannah Segal, and brother of appellant, Ester Zimmerman. A. Segal, father of appellant and the male appellee, died testate on the 12th day of August, 1929....
Affirming. The appellee, Porter-Leach Hardware Company, whom we will refer to as the Company, instituted this action to enforce a materialman's lien on a home constructed for G.W. Wallace by C.N. Baird. By an amended petition the Company made Baird a defendant and alleged both Wallace and Baird were insolvent and sued out a general order of attachment against Baird which was levied upon his interest in three tracts of land located in Ohio County. The appellant, D.G. Young, filed an intervening...
Reversing. The appellants were jointly indicted for the offense denounced by the first clause of Section 1241a-1, Kentucky Statutes. Convicted and sentenced to one year's confinement in the penitentiary, they have appealed to this Court, contending that (1) the indictment was insufficient, (2) the instructions were erroneous, and (3) the Court committed a reversible error in permitting the jury to separate after the ease had been submitted to them for decision. *Page 493 The indictment is as...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 535 Affirming in part and reversing in part. Dr. L.H. York died testate on Sept. 19, 1935, at the age of 84, leaving a widow, Mrs. Pamelia G. York, 80 years of age, a son, Charley York, 48 years of age, and a daughter, Mrs. Mary Bromley, whose husband, Dr. A.W. Bromley, had been associated with Dr. York in the practice of medicine. Dr. York was a man of...
Appeal denied; judgment affirmed. *Page 855
Affirming. The appellants, World Fire Marine Insurance Company and Home Insurance Company, issued policies of fire insurance in the aggregate sum of $2,300 on the stock of merchandise and $300 on the fixtures and equipment in the general store of T.B. Tapp, in the village of Stanley. The policies were issued in January, 1936, and the store, with its contents, burned in September, 1936. Suits on the policies were consolidated. Liability was denied on the grounds of over-insurance, fraud and...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 50 Reversing. Because of the emergency situation, on October 3, 1941, the judgment appealed from was reversed by an order in which it was stated that an opinion would be later prepared and filed, and this opinion is in compliance therewith. The parties were rival candidates in the August, 1941, Primary election for the Republican nomination for the office of...
Affirming. The plaintiff below, J.L. Harmon, and John Wood, Jr., owned adjoining farms in McCreary County, which before its formation were located in Whitley County. The lands are a part of patent No. 53494 of 200 acres which Jacob E. Harmon had surveyed in 1853, and subsequently transferred the survey to John Wood, Sr., to whom the patent was issued. Wood died in May 1897, the owner of more than 600 acres of land, and in a suit in the Whitley Circuit Court to settle his estate soon after his...
Reversing. This appeal is from a judgment sentencing appellant, Hamblin Woods, to 21 years confinement in the penitentiary for the voluntary manslaughter of Tom Deaton. The details of the difficulty during which the killing occurred are fully stated in Woods v. Com., 282 Ky. 596 , 139 S.W.2d 439 , wherein a judgment was affirmed by which the father of appellant was sentenced to the penitentiary for life for the murder of Graydon Morgan. For the purposes confronting us it is sufficient to say...
Affirming. The appeal is by John Woods from a conviction of manslaughter and sentence to 21 years imprisonment for the killing of Robert Asher on August 6, 1939. The *Page 277 grounds submitted as requiring a reversal of the judgment are absence of jurisdiction of the Clay circuit court; the admission of incompetent evidence, and error in giving an instruction on conspiracy and qualifying the self-defense instruction. The indictment returned by the grand jury of Clay county was of John, Ted and...
Reversing. Appellant operated a plant in Perry County, and on December 5, 1936, Ance Shepherd was killed while in its employ. Both parties had accepted the provisions of the Workmen's Compensation Act, Kentucky Statutes, Section 4880 et seq., and an application for compensation under its provisions was duly filed by the statutory guardian of the decedent's widow, the sole dependent. Thereafter the Board approved an agreement between the appellant and the guardian by which the widow was to...
Affirming. On November 10, 1939, appellee began action for divorce from appellant, and custody of their two boys nine and five years of age. As a ground appellee charged such behavior on the part of appellant as proved her to be unchaste. Kentucky Statutes, Section 2117. Summons was duly served on the same day petition was filed, and appellant was served with notice on that day that appellee would take depositions on the 17th of November at a law office in Burkesville, on which day appellee...
Reversing. Sometime during the night of June 11, 1938, Charles Arnold was killed on one of the public highways connecting Beattyville, the county seat of Lee county, with Booneville, the county seat of Owsley county — the spot on the highway where death was inflicted being about 4 1/2 miles over the line in Lee county. His body was discovered the next morning lying in a ditch by the side of the road, and a considerable amount of glass was also found, some of which came from the windshield of an...
Reversing. The appellant, Van Wilson, has been convicted of the crime of manslaughter, and his punishment fixed at confinement in the state penitentiary for a term of 12 years. He was tried at the September, 1940, term of the Perry circuit court and the principal grounds relied upon for reversal of the judgment, and the only ones that need be considered on this appeal, are: (1) The court erred in overruling his motion to quash the indictment; and (2) his challenge to the regular panel of jurors...
Affirming. In the year 1903, Henry Wilson and his wife, Elizabeth Wilson, purchased a boundary of land in Bell county, Kentucky, 100 acres of which is the subject of this action. Elizabeth died intestate in the year 1923, survived by her husband and two children, John H. Wilson and Rose C. Taylor. Prior to his death in 1929, Henry Wilson conveyed to his son, John H. Wilson, a life estate in his one-half undivided interest in the tract with remainder in fee to the children of his first wife, one...
Reversing. This appeal is from a judgment entered on a verdict for appellees, M.F. Waddle and his wife, plaintiffs below, in an action of ejectment. The issue, as developed by the pleadings and the evidence, resolved itself into a question of ownership of a lane 105 poles long between the land of appellants and appellees who are adjoining landowners. Appellants' land is on the west side of the lane and appellees' land is on the east side. The appellants inherited their land from their father,...
Affirming. This appeal is from a judgment in favor of the appellee, Lydia W. Thomas, against the appellants, Emma *Page 778 R. Williams and W.G. Hargis, quieting appellee's title to approximately three acres of land in Campbell County. The land in controversy, on which there was no dwelling, was conveyed to Samuel Wadsworth, who was an uncle of appellee, in the year 1860. In addition to this land he was also the owner of another small tract on which he and his wife, Mary M. Wadsworth resided....
Affirming. *Page 719 Appellant, plaintiff below, as administrator sued appellee and Dr. Popplewell, charging that in attendance upon his wife in parturition they so negligently and improperly treated her as to cause her death. Issue was raised by an answer, which denied the charges. The petition was dismissed as to Dr. Popplewell. After proof was introduced the court, upon appellee's motion, directed a verdict in his favor, and from judgment dismissing petition appeal is prosecuted. Grounds...
Affirming. Russell Williams shot and killed Eulis Ritchie between nine and ten o'clock on the night of November 4, 1940. It is Williams' claim that he shot Ritchie in self-defense. Williams was found guilty and his punishment fixed at 10 years in the Reformatory. He is asking that his case be reversed on the grounds that (1) the court erred in refusing to give a peremptory instruction in his favor, and also that the verdict is palpably and flagrantly against the law and the evidence; and (2)...
Reversing. At the regular 1939 election for the office of judge of the Thirty-Third Circuit Court Judicial District in this Commonwealth the then incumbent, S.M. Ward, and K.N. Salyer were candidates therefor. The canvassing board certified that Judge Ward had received a majority of the votes cast in the counties composing the district and issued to him a certificate, but Salyer contested the certification so made in an action filed by him against Ward in the Leslie circuit court — it being one...
