389 S.W.2d 634 (1965) John Shelby WILSON et al., Appellants, v. Virginia A. JOHNSON et al., Appellees. Court of Appeals of Kentucky. February 5, 1965. Rehearing Denied May 21, 1965. C. E. Schindler, Louisville, for appellants. Frank K. Bowman, Jr., Cincinnati, Ohio, William O. Ware, Covington, for Johnson. Charles S. Adams, Covington, for 1st Nat. Bank and Trust Co. Malcolm R. Rhoads, Newport, H. G. Hightower, Cincinnati, Ohio, for Salvation Army. S. J. Stallings, Louisville, Joseph J. Leary,...
390 S.W.2d 877 (1965) WHITTENBERG ENGINEERING & CONSTRUCTION COMPANY, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee. Court of Appeals of Kentucky. May 7, 1965. Rehearing Denied June 25, 1965. *878 William Mellor, Louisville, for appellant. James W. Hendricks, Thomas W. Speckman, Gavin H. Cochran, Marshall, Cochran, Heyburn & Wells, Louisville, for appellee. SCOTT REED, Special Commissioner. This is an action for indemnity. The appellee, Liberty Mutual Insurance Company, was the...
394 S.W.2d 770 (1965) Robert L. WHITE and William Chapman (sometimes known as Billy Ross), Appellants, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. May 7, 1965. Rehearing Denied November 5, 1965. *771 John W. Beard and William E. Rummage, Bratcher, Rummage, Beard & Flaherty, Owensboro, for appellants. Robert Matthews, Atty. Gen., Frank D. Berry, Asst. Atty. Gen., Frankfort, for appellee. CULLEN, Commissioner. Upon a joint trial, Robert White and William Chapman were...
395 S.W.2d 569 (1965) Charles Virgil WHEELER, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. April 30, 1965. Rehearing Denied November 5, 1965. *570 Julius Rather, Richard E. Vimont, Lexington, for appellant. Robert Matthews, Atty. Gen., John B. Browning, Asst. Atty. Gen., for appellee. PALMORE, Judge. The appellant, Charles Virgil Wheeler, was found guilty of aiding and abetting in an armed assault with intent to rob and was sentenced to a term of 21 years in...
398 S.W.2d 475 (1965) WHEELER AND LEMASTER OIL AND GAS COMPANY et al., Appellants, v. Jack HENLEY et al., Appellees. Court of Appeals of Kentucky. October 22, 1965. Rehearing Denied February 18, 1966. J. K. Wells, Paintsville, for appellants. W. Howes Meade, Paintsville, for appellee Jack Henley. W. A. Johnson, Paintsville, for appellees Mary Evelyn Howes Johnson and others. *476 WILLIAMS, Judge. This is a suit to quiet title brought by the owners of the working interests of an oil and gas...
392 S.W.2d 56 (1965) James WETHINGTON, Appellant, v. Dorothy GRIGGS, Appellee. Court of Appeals of Kentucky. June 18, 1965. *57 E. H. Walton, Covington, for appellant. John J. O'Hara, O'Hara & Ruberg, Covington, for appellee. Charles S. Adams, Covington, amicus curiae. WILLIAMS, Judge. Appellant and appellee were involved in an automobile accident which occurred in Ohio on March 15, 1962. On February 19, 1964, suit was filed in the Campbell Circuit Court, more than a year after the accident,...
388 S.W.2d 607 (1965) Courtney C. WELLS, Appellant, v. William P. MORTON, Jr., Appellee. Court of Appeals of Kentucky. March 26, 1965. *608 Harold Garland Wells, Alva A. Hollon, Hazard, for appellant. J. W. Craft, Jr., Craft & Haynes, Reeves, Barret & Cooper, Hazard, for appellee. MONTGOMERY, Judge. Courtney C. Wells sued William P. Morton, Jr., for damages in the sum of $100,000 arising from newspaper and radio statements that Wells claims are libelous. Wells appeals from the order dismissing...
397 S.W.2d 780 (1965) Roland Franz WEIGAND, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. December 3, 1965. Rehearing Denied January 28, 1966. Guy C. Shearer, Louisville, for appellant. Robert Matthews, Atty. Gen., George Rabe, Charles W. Runyan, Asst. Attys. Gen., Frankfort, for appellee. STEWART, Judge. This appeal is from an order of the Jefferson Circuit Court entered on January 27, 1965, revoking the probation of Roland Franz Weigand and committing him to...
394 S.W.2d 105 (1965) Nimrod WEDDING, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. January 29, 1965. Rehearing Denied October 22, 1965. John Y. Brown, Lexington, for appellant. Robert Matthews, Atty. Gen., George F. Rabe, Asst. Atty. Gen., G. Larry Tucker, Commonwealth Atty., Cynthiana, for appellee. WILLIAMS, Judge. This is an appeal from a judgment of the Harrison Circuit Court overruling appellant Nimrod Wedding, Jr.'s motion for relief under RCr 11.42....
396 S.W.2d 774 (1965) Dorris WAHL, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. November 26, 1965. Dorris Wahl, pro se. Robert Matthews, Atty. Gen., Walter C. Herdman, Asst. Atty. Gen., for appellee. MOREMEN, Chief Justice. The appellant, Dorris Wahl, was convicted of grand larceny and sentenced to three *775 years in prison. He did not appeal his conviction directly but later moved to vacate the judgment under RCr 11.42. After a hearing the circuit court...
390 S.W.2d 635 (1965) Bradford UNDERWOOD et al., Appellants, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. February 12, 1965. As Modified on Denial of Rehearing June 4, 1965. *636 John Swinford, Wayne W. Fitzgerald, Cynthiana, for appellants. Robert Matthews, Atty. Gen., Frank D. Berry, Asst. Atty. Gen., Frankfort, for appellee. DAVIS, Commissioner. The appellants, Bradford and Emma Underwood, are husband and wife. They were jointly indicted, tried and convicted of...
394 S.W.2d 454 (1965) William C. TYLER, Jr., Appellant, v. Susanne S. BRYANT, Appellee. Court of Appeals of Kentucky. September 24, 1965. *455 Harry L. Hargadon, Hargadon, Hargadon, Lenihan & Harbolt, Louisville, for appellant. Randolph A. Brown, Brown, Ardery, Todd & Dudley, Louisville, for appellee. STEWART, Judge. This appeal is from a judgment which awarded Susanne S. Bryant, plaintiff below, $3000 for attorney's fee against her exhusband, William C. Tyler, Jr., for services rendered in the...
388 S.W.2d 112 (1964) Bishop C. Ewbank TUCKER, Appellant, v. Robert KILGORE, Appellee. Court of Appeals of Kentucky. October 9, 1964. As Modified on Denial of Rehearing March 26, 1965. *113 Charles J. Lunderman, Jr., James A. Crumlin, Louisville, for plaintiff in error. Harry S. McAlpin, Louisville, for defendant in error. PALMORE, Judge. Robert Kilgore, a Louisville policeman, brought this action against C. Ewbank Tucker, a bishop of the Zion Methodist Episcopal Church, for libel. He recovered...
398 S.W.2d 45 (1965) Paul Henry TOWNSEND and Sharpe Motor Lines, Appellants, v. Lillian STAMPER, Appellee. Court of Appeals of Kentucky. November 26, 1965. Rehearing Denied February 4, 1966. *46 Charles G. Cole, Jr., Barbourville, for appellants. Carlos B. Pope, Barbourville, Julian H. Golden, Pineville, for appellee. DAVIS, Commissioner. This appeal arises from a collision between the passenger car of Paul Stamper and a tractor-trailer owned by appellant Sharpe Motor Line and driven by...
389 S.W.2d 453 (1965) Isaac THARP et al., Appellants, v. The URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY OF the CITY OF PADUCAH, Kentucky, Appellee. Charles L. OVERTON et al., Appellants, v. The URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY OF the CITY OF PADUCAH, Kentucky, Appellee. Court of Appeals of Kentucky. February 5, 1965. As Modified on Denial of Rehearing April 30, 1965. *454 Adrian H. Terrell, Terrell, Schultzman & Hardy, Joseph J. Grace, Paducah, for appellants. Roy N. Vance,...
394 S.W.2d 895 (1965) Bennie TAYLOR et al., Appellants, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. October 15, 1965. Bennie Taylor, Georgie Lynn, Johnny Lynn, all pro se. Robert Matthews, Atty. Gen., Joseph H. Eckert, Asst. Atty. Gen., Frankfort, for appellee. CLAY, Commissioner. The three appellants were convicted of storehouse breaking and each sentenced to two and one-half years in prison. The first question raised is a procedural one. Appellants, who are not now...
389 S.W.2d 637 (1965) John H. STEPHENSON, Appellant, v. LOUISVILLE AND JEFFERSON COUNTY BOARD OF HEALTH et al., Appellees. Court of Appeals of Kentucky. March 26, 1965. *638 S. Rush Nicholson, James A. Hubbs, Nicholson & Hubbs, Louisville, for appellant. Henry V. B. Denzer, Louisville, for appellees. CLAY, Commissioner. This is an action for negligence brought against the Louisville and Jefferson County Board of Health and the Louisville General Hospital. Appellant alleges he suffered personal...
390 S.W.2d 888 (1965) Donald T. SHANKS, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. May 21, 1965. *889 Weldon Shouse, Lexington, for appellant. Robert Matthews, Atty. Gen., Joseph H. Eckert, Asst. Atty. Gen., Frankfort, G. L. Tucker, Commonwealth's Atty., Cynthiana, for appellee. WILLIAMS, Judge. Appellant Donald T. Shanks was convicted of voluntary manslaughter and sentenced to five years in the penitentiary by a jury in the Harrison Circuit Court. From a...
389 S.W.2d 908 (1965) Alta M. SEAT, Appellant, v. EASTERN GREYHOUND LINES, INC., Appellee. Court of Appeals of Kentucky. April 30, 1965. *909 Edwin O. Davis, Davis & Mahan, Louisville, for appellant. Robert P. Hobson, Woodward, Hobson & Fulton, Louisville, for appellee. WILLIAMS, Judge. Appellant was injured in Illinois while a passenger on one of appellee's buses. She filed suit in Jefferson County more than a year after the accident occurred. The one year Kentucky statute of limitations was...
395 S.W.2d 370 (1965) Clement J. SCHWEINEFUSS et al., Appellants, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. June 4, 1965. As Modified on Denial of Rehearing November 26, 1965. *372 Jack Howell, Covington, Edward F. Prichard, Jr., Frankfort, for appellant Schweinefuss. Howell W. Vincent, Stephen McMurtry, Joseph C. Healy, Covington, for appellants Worthingtons. Robert Matthews, Atty. Gen., Martin Glazer, Charles W. Runyan, Asst. Attys. Gen., Frankfort, for appellees....
