Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 3; Volume 151 |
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acres action Admr Alex Murphy alleged amount answer appellant appellant's appellee appellee's Attorney authority bank Ben Harvey bond cause charge Circuit Court City of Louisville claim clause coal Commonwealth Commonwealth's Attorney condition Constitution contract contributory negligence conveyed counsel COURT BY JUDGE court of equity damages death Decided December Decided January deed defendant duty election Elliott County engine entitled escheat evidence executed fact favor fee simple filed Fleming County ground heirs held husband injury instruction interest Jefferson County Jesse Walker John Judgment affirmed jury Kentucky land lease lien ment negligence opinion Owensboro owner paid parties payment person petition plaintiff pleadings primary election purchase purpose question real estate reason recover reversed rule sold street suit testator testified testimony thereof tion tract trial trust verdict wife witness
Popular passages
Page 144 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 144 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Page 660 - No county, city, town, township, board of education or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year...
Page 407 - ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 294 - No county, city, town, township, school district or other political corporation or subdivision of the State shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose...
Page 407 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Page 27 - The party holding the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.
Page 473 - Insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.
Page 35 - No work or business shall be done on the Sabbath day, except the ordinary household offices, or other work of necessity or charity, or work required in the maintenance or operation of a ferry, skiff or steamboat, or steam or street railroads.
Page 486 - The maxim is also in part based on the consideration that, where the management and control of the thing which has produced the injury is exclusively vested in the defendant, it is within his power to produce evidence of the actual cause that produced the accident, which the plaintiff is unable to present.