252 S.W.2d 21 (1952) YOUNGBLOOD v. YOUNGBLOOD (two cases). Court of Appeals of Kentucky. October 17, 1952. *22 Dee L. McNeill, Hickman, for appellant. R. A. Roberts, Mayfield, for appellee. WADDILL, Commissioner. In this action between Bertha Youngblood and her husband, Burl Youngblood, the chancellor entered a decree which granted Mrs. Youngblood a divorce and alimony, fixed the custody of their child with allowance for its support, and settled their property rights. On appeal Mrs. Youngblood...
253 S.W.2d 378 (1952) WHEELER et al. v. KAZEE. Court of Appeals of Kentucky. December 12, 1952. *379 Wheeler & Wheeler, Paintsville, for appellants. W. H. Meade, Paintsville, for appellees. MILLIKEN, Justice. This is an appeal from a judgment finding that a life tenant, who had purchased the property at a lien foreclosure sale and had received a commissioner's deed therefor, did not get a fee-simple title thereby in derogation of the remainder interest of the appellee, and that her attempt to...
246 S.W.2d 144 (1952) WARNELL v. COMMONWEALTH. Court of Appeals of Kentucky. February 8, 1952. Paul R. Huddleston, Bowling Green, for appellant. A. E. Funk, Atty. Gen., John Browning, Asst. Atty. Gen., for appellee. MOREMEN, Justice. Appellant, Glenn Warnell, was convicted of the murder of Mrs. Virgie Stone and given a sentence of life imprisonment. He assigns the following grounds for reversal: (1) insufficient proof of corpus delicti; (2) insufficient proof to support a conviction; (3)...
252 S.W.2d 25 (1952) VETERANS SERVICE CLUB et al. v. SWEENEY. Court of Appeals of Kentucky. October 17, 1952. *26 Lawrence S. Grauman, Simeon S. Jacobs, Louisville, for appellants. Raymond C. Arny, Carl J. Richard, Louisville, for appellee. STEWART, Justice. This suit in equity was brought by plaintiff, Ruel B. Sweeney, against defendants, the Veterans Service Club, a corporation, and the incorporators and officers thereof, namely, Marshall F. Kaufman, Sr., Marshall F. Kaufman, Jr., and Louise...
252 S.W.2d 434 (1952) UTZ v. CITY OF NEWPORT et al. Court of Appeals of Kentucky. October 31, 1952. *435 Malcolm R. Rhoads, Newport, for appellant. Morris Weintraub, Newport, for appellees. STANLEY, Commissioner. We have an appeal from a judgment denying a writ of mandamus to the Board of Commissioners of Newport to submit at the November, 1952, election the question whether or not an ordinance initiated by petition should be adopted, as is provided by KRS 89.610. Two different ordinances...
252 S.W.2d 30 (1952) TURNER v. HALL'S ADM'X. Court of Appeals of Kentucky. October 24, 1952. *31 G. D. Milliken, Sr., G. D. Milliken, Jr., Bowling Green, for appellant. William H. Natcher, Bowling Green, for appellee. MOREMEN, Justice. This is an appeal from a judgment in the sum of $20,000 rendered in favor of the appellee for damages to the estate of Rachel Hall, deceased. The appellee, Mrs. Jewell Hines, is the mother of Rachel Hall and was appointed the administratrix of her estate. The...
252 S.W.2d 674 (1952) TENNESSEE GAS TRANSMISSION CO. v. TEATER et al. Court of Appeals of Kentucky. November 7, 1952. Henry C. Cox, Lancaster, for appellant. H. Clay Kauffman, G. C. Walker and Cecil C. Sanders, Lancaster, W. Earl Dean, Harrodsburg, for appellee. *675 COMBS, Justice. The judgment for the landowner in this condemnation case is $3,400. The Company insists this is excessive. The case is unusual in that the easements acquired across the land of Mrs. Teater, the appellee, provide...
249 S.W.2d 45 (1952) TAUL v. COMMONWEALTH. Court of Appeals of Kentucky. May 16, 1952. *46 S. H. Monarch, Hardinsburg, for appellant. A. E. Funk, Atty. Gen., Guy L. Dickinson, Asst. Atty. Gen., for appellee. STANLEY, Commissioner. The appeal of Dennie Taul is from a conviction of voluntary manslaughter, with a penalty of two years' imprisonment, for the killing of Franklin Armes on August 31, 1950. The appellant urges that he was entitled to a directed verdict of acquittal. The Attorney General...
254 S.W.2d 474 (1951) TABOR et al. v. SCOBEE. Court of Appeals of Kentucky. December 6, 1951. As Modified on Denial of Rehearing December 19, 1952. Further Rehearing Denied February 20, 1953. *475 Clem F. Kelly, John M. Kelly and J.A. Edge, all of Lexington, for appellant. Harbison, Kessinger, Lisle & Bush, Lexington, L. R. Curtis, Louisville, R. Russell Grant, Winchester, for appellee. MILLIKEN, Justice. Macine Tabor, a minor twenty years of age, submitted to an operation for appendicitis by...
252 S.W.2d 869 (1952) SWORD et al. v. SWORD et al. Court of Appeals of Kentucky. November 13, 1952. P. B. Stratton, Pikeville, for appellant. E. J. Picklesimer, Pikeville, for appellee. MILLIKEN, Justice. This is an action in equity, seeking a declaration of rights under a deed executed on November 24, 1928, by T. J. Sword, grantor, to Lawrence and Jenny Sword, grantees. T. J. Sword, now deceased, during his lifetime owned approximately 290 acres of land located on Island Creek in Pike County,...
249 S.W.2d 750 (1952) STEIN et al. v. LOUISVILLE WATER CO. NATIONAL SHIRT SHOPS OF KY., Inc. v. LOUISVILLE WATER CO. Court of Appeals of Kentucky. January 25, 1952. As Modified on Denial of Rehearing June 13, 1952. *752 Dodd & Dodd, Louisville, for appellants. Morris & Garlove, Louisville, for appellee. STANLEY, Commissioner. The appeal is from judgments in favor of the defendant, Louisville Water Company, in actions for damages to a building and stock of merchandise caused by the flooding of...
247 S.W.2d 372 (1952) STAPLETON v. FORK JUNCTION COAL CO. Court of Appeals of Kentucky. March 21, 1952. J. E. Childers, Pikeville, for appellant. Sanders & Hyden, Pikeville, for appellee. WADDILL, Commissioner. This is an appeal from a judgment confirming an order of the Workmen's Compensation Board dismissing appellant's application for compensation. The decisive question in the case is whether or not appellant sustained an injury by accident that arose out of and in the course of his...
253 S.W.2d 629 (1952) SMITH et al. v. HILLERICH & BRADSBY CO., Inc. Court of Appeals of Kentucky. December 19, 1952. William Friedlander, Louisville, J. Jerald Johnston, Frankfort, for appellants. Hubert T. Willis, Louisville, for appellee. *630 WADDILL, Commissioner. Appellants brought this suit to compel appellee to comply with the award of an arbitrator in a labor controversy between the parties. The Chancellor dismissed appellants' petition and set aside the award because the arbitrator "...
253 S.W.2d 388 (1952) SHAMBURGER, County Judge, et al. v. DUNCAN, County Attorney. Court of Appeals of Kentucky. December 12, 1952. *389 Oldham Clarke, James M. Cuneo and Allen, McElwain, Dinning & Clarke, Louisville, for appellants. Lawrence G. Duncan, Louisville, for appellee. DUNCAN, Justice. This agreed case was submitted pursuant to the provisions of Section 637 of the Civil Code of Practice. The appellants who were defendants below are Boman L. Shamburger, County Judge, Mark Beauchamp,...
248 S.W.2d 897 (1952) SELLARS et al. v. OHIO VALLEY TRUST CO., Inc. et al. Court of Appeals of Kentucky. January 18, 1952. As Modified on Denial of Rehearing May 9, 1952. *898 Hargadon, Bennett & Lemaire and Woodward, Hobson & Fulton, Louisville, A. Roy Copeland, Paducah, for appellants. Pentecost & Dorsey and King & Craig, Henderson, for appellees. COMBS, Justice. The question is whether a mineral deed conveyed oil and gas. The circuit court construed it as doing so. The granting clause of the...
252 S.W.2d 35 (1952) SCOGGAN v. DILLON et al. Court of Appeals of Kentucky. October 24, 1952. *36 Steinfeld & Steinfeld, Louisville, for appellant. Edward T. Ewen, Jr., Louisville, for appellees. STANLEY, Commissioner. The judgment appealed awards equitable liens against the proceeds of the assets of an insolvent corporation in receivership, superior to claims of antecedent general creditors and subsequent creditors with notice. The appellees, Mary Lou Dillon and George Lemke, loaned or...
249 S.W.2d 130 (1952) SCHROERLUCKE et al. v. HALL. Court of Appeals of Kentucky. March 28, 1952. Rehearing Denied June 20, 1952. Wallace & Hopson, Louisville, for appellants. Lawrence Grauman, Louisville, for appellee. LATIMER, Justice. Appellants, having been informed that appellee had some houses for sale, contacted a Mr. Moore, agent of appellee. Appellant, Mr. Schroerlucke, thereupon went with Mr. Moore to inspect the house where he met appellee, Clifford Hall, who informed him that he was...
249 S.W.2d 767 (1952) SANITATION DIST. NO. 1 OF JEFFERSON COUNTY et al. v. CAMPBELL et al. Court of Appeals of Kentucky. June 6, 1952. *768 Joseph R. Rubin, Franklin P. Hays, Skaggs, Hays & Fahey, Louisville, for appellants. Laurence G. Duncan, Co. Atty., Louisville, for Louisville and Jefferson County Board of Health. J. W. Jones, Louisville, for appellees. Woodward, Hobson & Fulton, Wyatt, Grafton & Grafton, Louisville, amici curiæ. STANLEY Commissioner. The question is whether a statute and...
249 S.W.2d 945 (1952) SADDLER v. PARHAM et al. Court of Appeals of Kentucky. June 20, 1952. *946 Jarvis & Ross, Greenville, for appellant. Hubert Meredith, Owensboro, William P. Donan, Greenville, Robert Gwin, Greenville, guardian ad litem, for appellees. CULLEN, Commissioner. In an action for personal injuries, brought by Judson Saddler, a pedestrian, against Harold Parham, a motorist, the court directed a verdict for the defendant, at the close of the plaintiff's evidence, on the theory that...
251 S.W.2d 860 (1952) ROSE et al. v. BRYANT et al. Court of Appeals of Kentucky. October 10, 1952. Grannis Bach, Steve C. Bach, Jackson, J. Douglas Graham, Campton, for appellant. Leebern Allen, E. E. Bach, Campton, for appellee. CLAY, Commissioner. This suit involves the construction of a deed and certain property rights ensuing therefrom. In 1870 James Rose conveyed real estate to his son Clay Rose. The significant part of the deed with which we are concerned provided: "* * * I have this day...
