The Kentucky Law Reporter: A Monthly Magazine, Devoted to the Interests of the Legal Profession at Large and Particularly of the Kentucky Bar, Volume 25, Part 1J. C. Wells, Edward Warren Hines, Frank L. Wells, Horace C. Brannin, William Cromwell, William Jefferson Chinn, Walter G. Chapman, William Pope Duvall Bush, Finlay Ferguson Bush, R. G. Higdon, Thomas Robert.. McBeath G.A. Lewis, 1904 - Law reports, digests, etc |
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Page 2
... pleadings . A trial was had which resulted in a verdict in favor of appellee for $ 800 . The court overruled appellant's motion for a new trial , and the case is here on appeal . The evidence , as appears from the record , shows that ...
... pleadings . A trial was had which resulted in a verdict in favor of appellee for $ 800 . The court overruled appellant's motion for a new trial , and the case is here on appeal . The evidence , as appears from the record , shows that ...
Page 3
... pleadings of plaintiff did not authorize same . The instruction was to the effect that if the injury inflicted upon plaintiff could have been prevented or avoided by defendant by the exercise of ordinary care and diligence after ...
... pleadings of plaintiff did not authorize same . The instruction was to the effect that if the injury inflicted upon plaintiff could have been prevented or avoided by defendant by the exercise of ordinary care and diligence after ...
Page 9
... on the ground that only the balance is really due from one party to the other . ( Newman on Pleadings , 595-598 ; Eli v . Horine , 35 Ky . , 398. ) The rule also is that if a bank after the note LITTLE'S ADM'R V. CITY NATIONAL BANK OF F. 9.
... on the ground that only the balance is really due from one party to the other . ( Newman on Pleadings , 595-598 ; Eli v . Horine , 35 Ky . , 398. ) The rule also is that if a bank after the note LITTLE'S ADM'R V. CITY NATIONAL BANK OF F. 9.
Page 14
... pleadings are fully set out in the former opinion , reported in 23 Ky . Law Rep . , 2351. A jury trial of the issues raised by the pleadings resulted in a verdict for the plaintiff , Graziani , for the amount sued for . Thereupon the ...
... pleadings are fully set out in the former opinion , reported in 23 Ky . Law Rep . , 2351. A jury trial of the issues raised by the pleadings resulted in a verdict for the plaintiff , Graziani , for the amount sued for . Thereupon the ...
Page 24
... pleadings mentioned , for the pay- ment of the debt due to the plaintiffs , the alienation of the property during the pendency of the action was unauthorized , and that the purchaser is affected in the same manner as if he had actual ...
... pleadings mentioned , for the pay- ment of the debt due to the plaintiffs , the alienation of the property during the pendency of the action was unauthorized , and that the purchaser is affected in the same manner as if he had actual ...
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Common terms and phrases
action Adm'r alleged amount answer appellant appellant's appellee appellee's assigned authority bank bond cause of action charge Circuit Court claim Commonwealth contract contributory negligence corporation county court court by Judge court erred court of equity creditors damages debt deed defendant demurrer duty election entitled Eugene O'Callaghan evidence executed executor fact Filed June Filed October Green county ground Hart county held Held-That husband indictment injury instruction interest issue Judgment affirmed jurisdiction jury Kenton county Kentucky Statutes land Law Rep liable lien Louisville lower court Marion county ment mortgage motion negligence offense opinion option law Owensboro paid parties payment person petition plaintiff pleadings proceedings purchase question railroad reason record recover refused reported reversed rule sold suit surety sustained testator thereof tion train trust verdict wife witnesses
Popular passages
Page 429 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground, not owned by the insured in fee simple...
Page 469 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 257 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 469 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 713 - ... the felonious and forcible taking from the person of another of goods or money to any value, by violence or putting him in fear...
Page 528 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 439 - But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court...
Page 549 - ... to have and to hold the same, together with all the appurtenances thereto belonging, unto the party of the second part, his heirs and assigns, forever.
Page 288 - ... exercise of their ordinary official duties, even where those duties require an interpretation of the law, the court having no appellate power for that purpose; but when they refuse to act in a case at all, or when by special statute, or otherwise, a mere ministerial duty is imposed upon them, that is, a service which they are bound to perform without further question, then, if they refuse, a mandamus may be issued to compel them.
Page 467 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.