Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 12; Volume 75 |
From inside the book
Results 1-5 of 82
Page 13
... enforce as against its delinquent lessee the harsh remedy of forfeiture provided for by the 6th section of the act in question . Wherefore the judgment of the circuit court is reversed , and the cause remanded with instructions to ...
... enforce as against its delinquent lessee the harsh remedy of forfeiture provided for by the 6th section of the act in question . Wherefore the judgment of the circuit court is reversed , and the cause remanded with instructions to ...
Page 40
... enforce it would be to apply the insurance to a risk that was never presented . " ( May on Insurance , sec- tion 183. ) Whether , therefore , the statement by the assured that he was then in good health be a warranty or a representation ...
... enforce it would be to apply the insurance to a risk that was never presented . " ( May on Insurance , sec- tion 183. ) Whether , therefore , the statement by the assured that he was then in good health be a warranty or a representation ...
Page 58
... enforced by the courts of this state . Fox & MORROW . A. J. JAMES , · For Appellants , CITED Charter of the Commercial Bank of Kentucky . Revised Statutes , chapter 53 , section 8 . Act of March 14 , 1871 , Session Acts , pp . 61 , 62 ...
... enforced by the courts of this state . Fox & MORROW . A. J. JAMES , · For Appellants , CITED Charter of the Commercial Bank of Kentucky . Revised Statutes , chapter 53 , section 8 . Act of March 14 , 1871 , Session Acts , pp . 61 , 62 ...
Page 59
... enforce their collection . The sureties pleaded the facts above set out , and insist that the bank , by retaining the said amounts of interest in advance , in effect charged and received interest at a rate greater than ten dollars upon ...
... enforce their collection . The sureties pleaded the facts above set out , and insist that the bank , by retaining the said amounts of interest in advance , in effect charged and received interest at a rate greater than ten dollars upon ...
Page 76
... enforce the lien . 3. AN ARCHITECT OR SUPERINTENDENT OF A BUILDING is not embraced by the provisions of the statutes giving liens to mechanics , laborers , and material - men , and has no lien by reason of his services . G. B. KINKEAD ...
... enforce the lien . 3. AN ARCHITECT OR SUPERINTENDENT OF A BUILDING is not embraced by the provisions of the statutes giving liens to mechanics , laborers , and material - men , and has no lien by reason of his services . G. B. KINKEAD ...
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Common terms and phrases
action adm'r administrator alleged amount answer appellant appellee appointed assessment authority Bank bond Bush chancellor CHANCERY COURT chap charter Cincinnati Bridge CIRCUIT COURT CITED city of Louisville Civil Code claim clerk Cline Commonwealth constitution contract courts of equity creditors damages Dana debt debtor deed defendant DELIVERED THE OPINION demurrer devised Douglass earnings Elizabethtown enforce entitled equity evidence execution fact filed Harrison County heirs held homestead husband indictment infants interest intestate issue J. J. Mar John Morris judgment jurisdiction jury Kentucky River land legislature liable lien LINDSAY DELIVERED mechanic's lien ment Morris mortgaged property mortgagor Newport & Cincinnati non est factum notice ordinance owner paid party payment person petition plaintiff pleadings possession proceedings purchaser question Railroad Company receiver record recover rendered rents road rule secure statute suit sureties testator thereof tion trustee usury wife
Popular passages
Page 325 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 27 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Page 708 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the .mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Page 114 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.
Page 324 - In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction, it is...
Page 248 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Page 87 - The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this State a specified sum.
Page 281 - But the point might have been shortly dismissed with this safe declaration, that there is no direct constitutional inhibition upon the States, nor any clause in the Constitution, from which it can be even plausibly inferred that the States may not legislate upon the remedy in suits upon the judgments of other States, exclusive of all interference with their merits.
Page 245 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 653 - Individual rights call for its exercise, the language used, though permissive in form, is in fact peremptory. What they are empowered to do for a third person the law requires shall be done. The power is given, not for their benefit, but for his.