Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 189 |
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acres action adverse adverse possession affirmed alimony alleged amended appellant appellant's appellee appellee's attorney authority ballots Casey county cause Circuit Court claim Coal Commonwealth Commonwealth's attorney contest contract contributory negligence conveyed counterclaim county court COURT BY JUDGE damages death deceased decedent deed defendant defendant's demurrer directed verdict duty election entitled evidence executed facts farm fee simple fence filed fiscal court formal verification ground Harlan county held husband injury instruction issue J. L. Browning judgment jury Kentucky River Kentucky Statutes land liable Louisville ment motion mule negligence opinion ordinance owner paid parties passway payment pellant person petition plaintiff pleading possession proof purchase purpose question reason record reversal road rule street suit supra sustained tenant testator testified testimony therein thereof tion tract trial court Tross trustee verdict vote wife witnesses
Popular passages
Page 251 - ... no law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only ; but so much thereof as is revived, amended, extended, or conferred shall be re-enacted and published at length...
Page 443 - The court must, in every stage of an action, disregard any error, or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party ; and no judgment can be reversed or affected by reason of such error or defect.
Page 442 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading 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 165 - The essence of a provision forbidding the acquisition of evidence in a certain way is that not merely evidence so acquired shall not be used before the court, but that it shall not be used at all.
Page 713 - The proximate cause of an event must be understood to be that which, in a natural and continuous sequence, unbroken by any new cause, produces that event, and without which that event would not have occurred.
Page 155 - And any compulsory discovery by extorting the party's oath, or compelling the production of his private books and papers, to convict him of crime, or to forfeit his property, is contrary to the principles of a free government. It is abhorrent to the instincts of an Englishman; it is abhorrent to the instincts of an American. It may suit the purposes of despotic power, but it cannot abide the pure atmosphere of political liberty and personal freedom.
Page 154 - The principles laid down in this opinion affect the very essence of constitutional liberty and security. They reach farther than the concrete form of the case then before the court, with its adventitious circumstances; they apply to all invasions on the part of the government and its employes of the sanctity of a man's home and the privacies of life.
Page 161 - If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the fourth amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are .concerned, might as well be stricken from the Constitution.
Page 40 - Class legislation, discriminating against some and favoring others, is prohibited; but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within the amendment.
Page 24 - No corporation organized outside the limits of this State shall be allowed to transact business within this State on more favorable conditions than are prescribed by law to similar corporations organized under the laws of this State.