Affirming. Statement of the Case. This litigation arises out of an automobile accident which occurred on August 16, 1946, at about 1:00 o'clock p. m. on highway 51 about three miles north of Clinton in Hickman County, Ky. Appellants Paul Zumwalt and his wife Bertha Zumwalt with their daughter and a girl *Page 724 friend of their daughter were en route from New Orleans to their home in East St. Louis, Ill., when the collision out of which these suits arose occurred. One suit was by appellants...
Reversing. This is an action filed by appellant, A.B. York, in the Perry circuit court on January 23, 1948, against D.B. Napier, deputy sheriff; Green Holliday, sheriff, and the sureties of both to recover $10,000 damages for an alleged false arrest and imprisonment of plaintiff, which was committed on December 20, 1947. The court sustained a demurrer to the petition, followed by an amended petition, and the court sustained a second demurrer to the petition as amended, and upon plaintiff...
Affirming. Willie Brackett, administrator of the estate of his deceased daughter, Patsy Brackett, recovered a judgment for $4,000 against Ted Durham and Jim Hall for the death of his daughter, allegedly caused by the unsafe condition of a taxicab in which she was a passenger. The taxicab was owned by Durham and was being operated by Hall at the time Patsy Brackett met her death. The taxicab business was conducted by Durham under the name of Yellow Cab Taxi. It is argued that the trial court...
Dismissing appeal. The judgment in this habeas corpus proceeding was entered in the lower court on April 8, 1949. The appeal was filed in this Court on April 21, 1949. Section 429-1 of the Criminal Code of Practice provides that an appeal in a habeas corpus proceeding shall be filed within ten days after the entry of the judgment. The appeal was filed too late. Since the question is one of jurisdiction, the appeal must be dismissed. Board v. Hendricks, 300 Ky. 619 , 189 S.W.2d 112 . Appeal...
Affirming. This suit was brought by Ivy Craft, appellee, against the appellant for services claimed to have been rendered by her to Willis Wright, deceased, from October 1, 1945, to the date of his death on April 25, 1946. According to the petition, the services consisted of attending decedent as a practical nurse and assisting in washing, ironing, carrying out the household duties, bringing in vegetables, milk and other food and performing other necessary duties for the sick man. The petition...
Since, in habeas corpus proceedings, this Court has appellate jurisdiction only, the petition herein filed to institute this action must be, and hereby is, dismissed; without prejudice, however, to the right of petitioner to institute like proceedings in a Court of competent jurisdiction. Petition dismissed.
Affirming. This is another one of many habeas corpus proceedings appealed to this court from the circuit courts of Oldham and Lyon counties, in each of which one of the state's penitentiaries is now located. The applications for the writs, including this one, are prepared and prosecuted by the petitioners in person without representation of counsel. Although this court has been more or less beseiged with such self prosecuted proceedings, it has never sustained any of them. In this case the...
Reversing. Amos and Johnny Woods, brothers, were indicted jointly for the crime of murder. They moved for separate trials and the Commonwealth elected first to try Amos. He was convicted of voluntary manslaughter and his punishment fixed at confinement for 21 years. He prosecutes this appeal alleging 14 grounds for reversal, many of which overlap and can readily be condensed into 6 chief grounds, namely: (1) The dying statements of Tommy Ashcraft did not meet the tests necessary for admission...
Affirming. Burwell K. Marshall brought this action to enjoin the Commissioner of Highways and the Director of the Highway Patrol from interfering with him in the operation on the highways of a small four-wheel, rubber-tired wagon attached behind his passenger automobile. The trial judge overruled appellants' general demurrer, they refused to plead further and the court granted the prayer of the petition and enjoined appellants. The sole question for our determination is whether or not the small...
Affirming. This suit was brought by appellant, Alvin Winkler, against appellees, Shelby (Shelton) Crowe, Zeke and Ida Grace, for trespass. The petition alleged that appellant is the owner of a twelve acre tract of land in Estill County described in the petition; that appellees have committed trespass thereon by walking across and operating vehicles over same thus preventing appellant from enjoying, and from proper cultivation of, said property which trespass was producing great injury and had...
Affirming. *Page 287 The actions instituted separately by Milburn Tarter and Luther Dalton, Administrator of the estate of Louid Dalton, deceased, against H.D. Wilson, were consolidated in the Trial Court, tried together, and are consolidated actions on this appeal. The petition in the Tarter case was filed to recover for injury to Tarter's truck sustained in a collision with an automobile owned by appellant and under the control of his infant son. The petition in the Dalton case was filed to...
Affirming. Appellant charged with shooting and wounding Rebecca Watson with intent to kill her, was found guilty, the jury returning a verdict fixing punishment at two years' imprisonment. On appeal only one question is presented, did the court erroneously exclude from the jury competent evidence offered on behalf of defendant The answer requires a brief review of the evidence. The shooting and wounding grew out of ill feeling which arose between the main actors and their families. Two days...
Affirming in part, reversing in part. Elijah L. Williams, Jr. and Maude Williams were married on January 27, 1946. Early in February, Williams, who was in the army, returned to Camp Hood, Texas. He was not with his wife again until the fourth day of August. During the latter part of August he went back to his army encampment, and did not return home until he was discharged on October 7th. On November 14th he filed an action for a divorce wherein he alleged that he had learned his wife had been...
Sustaining defendant's motion. This case is before me on a motion by the defendants to dissolve a temporary injunction granted by the Judge of the Martin Circuit Court. The order granting the injunction directed that the Board of Education meet and set aside the order entered by the Board on August 8, 1949, by which plaintiff was employed as a teacher in Warfield High School and the defendant Oran Hinkle was employed as principal of the Inez *Page 667 High School, and to enter an order...
Affirming. Prior to his death in January, 1948, Harve Baird executed his will directing in its first clause the payment of his debts. Clauses 2 and 3 direct that: "2. All the rest and residue of my estate of whatever the same may consist whether real or personal or mixed property I will devise and bequeath to my wife, Mary Catherine Baird, her life time with the right to use any or all of the same if in her opinion it may be necessary for her support and maintenance. "3. If at the death of my...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 249 Affirming. The question is whether or not the purchase of a tract of land at a judicial sale should be held to be for the use and benefit of a number of heirs. The chancellor resolved the question in their favor under the law of joint adventure. The purchaser, Whitsell, appeals from the judgment. The heirs of James Kirkwood, who died many years ago, had...
Affirming. William Wheat, a two year old child, while crossing the Perryville-Lebanon highway alone, was struck and killed by an automobile owned by Ray F. Gray, and driven by his son, Earl Gray, a young man twenty-two years of age. The child's father qualified as his administrator and brought this action against the Grays for $20,000 damages for the alleged negligent killing of William. The answer was a general denial followed by a plea of contributory negligence upon the part of the parents...
Affirming. The case tests the power of the devisees of Bertha Moeller to convey a fee simple title to property at the corner of Clay and Market Streets in Louisville. Other than provisions for the payment of testatrix' debts and the nomination of an executrix, the will is as follows: "I give the rest of my estate, real, personal, and mixed and wherever situated in equal shares to my three children, Lillian E. Moeller, Antoinette Moeller, and John E Moeller, to be theirs absolutely. If either of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 376 Affirming. Sometime in the latter part of May 1945, appellee, V.B. Duncan, a tenant farmer on the lands of his co-appellee, W.P. Cooper, purchased from Eugene Wedding, alleged agent of Owensboro Grain Company, 15 bushels of Funk's G-515W seed corn for the purpose of planting. He planted this corn on 110 acres of his landlord's land in what is known as...
Affirming. *Page 389 Prior to June 6, 1940, the appellant, Anna Wedding, nee Bennett, owned and operated a restaurant in Louisville, Kentucky, and was assisted by Henry C. Wedding, Jr., whom she had taken in as a partner, he sharing equally in the profits of the business, but the stock and equipment continued to be owned by appellant. On the date mentioned Wedding, while serving as such partner, procured a policy on his life with the appellee, Commonwealth Life Insurance Company, naming as...
